Review Owner-Occupancy Notice: Tenants in Germany

If you as a tenant in Germany receive a termination due to owner-occupancy, quick and structured action is important. This checklist helps you assess whether the reasoning is legally sound, which deadlines apply and which evidence or objections make sense. I explain simple terms, show which official forms and documents are relevant, and list practical everyday steps – from recording conversations to preparing for a possible court dispute. The information is based on the provisions of the BGB and the procedures of local courts so that you can exercise your rights as a tenant in Germany clearly and securely.

What does owner-occupancy mean?

Owner-occupancy means the landlord needs the apartment for themselves, family members or members of their household. The termination must be given in writing and justified; the form and justification obligations are regulated in the BGB.^[1]

Checklist: Steps to check

• Check (notice) whether the termination was received in writing and contains a concrete justification for owner-occupancy.
• Document deadlines (deadline): date of delivery, notice period and date for a possible eviction.
• Collect evidence (evidence): termination letter, emails, photos and witness statements.
• Check costs (rent): possible moving costs, offers of replacement housing or compensation.
• Consider legal options (court): objection, settlement offers or preparing for an eviction lawsuit.
• Prepare plan B (vacate): alternative accommodations and dates for a possible move out.

Forms and evidence

There is no official government template for a landlord's termination; however, the termination must be in writing and include a comprehensible justification as regulated in the relevant provisions of the BGB.^[1] In the event of court proceedings, you will need organized evidence: copies of the termination letter, proof of receipt, photos and witness statements.

Objection and legal steps

As a tenant you can object to the termination and, if applicable, assert hardship grounds. If the landlord files a lawsuit, the matter is usually heard at the local court; civil procedural law regulates the proceedings and types of claims.^[2][3]

Instructions

1. Check deadlines (deadline): determine the date of receipt and note deadlines for objection or response.
2. Collect evidence (evidence): file all letters, photos and witness statements chronologically.
3. Formulate an objection (notice): submit it in writing to the landlord and prove delivery; state brief reasons.
4. Seek advice (contact): contact legal counsel or tenant advice to clarify options.
5. Court preparation (court): prepare documents for the local court and observe deadlines if necessary.

FAQ

Can the landlord terminate because of owner-occupancy?

Yes, if a legitimate interest exists and the termination is given in writing and plausibly justified. Tenants can object and assert hardship grounds.

Which deadlines apply for an owner-occupancy termination?

The notice periods depend on the duration of the tenancy and statutory rules; check the date of receipt carefully and note the deadlines.

What helps against an unjustified termination?

Documentation, legal advice and, if necessary, an objection or a lawsuit at the local court are possible steps.

Key Takeaways

• Check written justification and date of receipt immediately.
• Secure all evidence in chronological order.
• Seek legal advice before agreeing or signing anything.

Help and Support / Resources

• Gesetze im Internet (BGB & ZPO)
• Information on local courts (Amtsgerichte)
• Federal Court of Justice (BGH) decisions

1. [1] §568 BGB – Written form of termination, Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Local courts (Amtsgerichte) – Justizportal