Review Owner-Use Eviction: Tenants in Germany

As a tenant in Germany, it is important to know how to review an owner-use eviction. Many affected people are unsure what justification a landlord must provide, which deadlines apply and what rights you have against an eviction. This text explains in plain language when owner-use is legally permissible, what formal requirements exist and which proofs are often necessary. You will learn practical steps on how to react, which deadlines to meet and when advice or court action is necessary. I describe how to collect evidence, prepare a response letter and, if necessary, defend against an eviction lawsuit. Official legal bases and sample notes are referenced so you as a tenant can make informed decisions.

When is owner-use lawful?

Owner-use is a legally recognized form of termination that the landlord must justify. What matters are the concrete personal or family intentions of the landlord and the reasonableness for the tenant. The relevant legal rules can be found in the German Civil Code (BGB), in particular in the provisions on landlord terminations.^[1]

How landlords must justify

• Clear written justification with names and relationship (e.g. personal use, family member).
• Indication of a move-in date or period and specific housing needs.
• Mention of less severe alternatives (e.g. other vacant apartments) to avoid disproportionate hardship.

Formal deadlines and procedure

Deadlines for ordinary terminations depend on the duration of the tenancy and must be checked. In case of dispute, the local court is responsible; procedural rules are contained in the Code of Civil Procedure (ZPO).^[2] Respond promptly to the termination, check the notice period and consider legal advice.

What tenants can do in practice

• Collect evidence: rental agreement, correspondence, photos and names of witnesses.
• Submit a written objection or request specification of the reasons.
• Check deadlines and, if necessary, defend against an eviction suit or consider settlements.
• Seek early advice (tenant association, lawyer) and contact the court if needed.

FAQ

What counts as sufficient justification for owner-use?

Sufficient justification names the affected persons, the specific housing needs and possibly a move-in date; vague statements are often insufficient.

Can I object to an owner-use eviction?

You can dispute the eviction in writing, request specification and present your personal hardships; legal steps are possible.

Which court decides in disputes?

Initially, the local court (Amtsgericht) is usually competent; higher instances are the regional court (Landgericht) and possibly the Federal Court of Justice.^[3]

How-To

1. Check the eviction letter immediately for deadlines and concrete reasons.
2. Gather documents: tenancy agreement, correspondence, photos and witness names.
3. Respond in writing and request concrete evidence or retraction of the eviction.
4. Seek legal advice and consider objection or court defense.

Help and Support

• Federal Ministry of Justice and Consumer Protection
• Federal Court of Justice (BGH) – Decisions
• Laws on the Internet (BGB, ZPO)

1. [1] §573 BGB – Termination by landlord (Gesetze im Internet)
2. [2] Code of Civil Procedure (ZPO) – Procedural rules (Gesetze im Internet)
3. [3] Court jurisdiction and local courts (justiz.de)
4. [4] Federal Court of Justice – Case law in tenancy law (bundesgerichtshof.de)