Tenant checks: owner-move eviction in Germany

If your landlord terminates the contract because of owner move, many tenants in big cities feel pressured. This practical guide explains clearly how to check the stated reason, meet deadlines and which official forms are important in Germany. We show what signs to look for that may indicate abusive or insincere owner-move evictions, how to secure documents and photos, and when a visit to the local court or legal advice makes sense. We also name central statutes such as Sections 535–580a BGB^[1] and explain in simple words the role of eviction lawsuits and the ZPO^[2]. The goal is that you as a tenant can better assess your rights and plan concrete steps.

What is an owner-move eviction?

An owner-move eviction occurs when the landlord needs the apartment for themselves, close relatives or household members. The termination must be justified in writing and name the concrete circumstances causing the need. The review includes plausibility, temporal proximity to the need and whether feasible relocation alternatives exist for the landlord.

How can tenants check the notice?

Formal check

• Check the letter's date, delivery and signature (deadline).
• Verify clear reasoning and named persons (form).
• Note deadlines and calculate the statutory notice periods (days).

Substantive check

• Assess whether the stated owner need appears plausible and is described concretely.
• Look for signs of misuse, for example if the landlord re-rents shortly after termination.
• Consider whether you can claim a legitimate interest in staying (e.g. age, illness, social reasons).

Secure evidence and documentation

Collect all relevant proof: termination letter, correspondence, photos, witness statements and the tenancy agreement. A clear chronology helps in discussions with the landlord or in court.

Concrete steps for tenants

1. Formal check: copy the letter, note delivery and calculate deadlines.
2. Secure evidence: collect photos, messages and witnesses.
3. Contact local advice or a legal office if unclear.
4. If needed, prepare an objection and observe court deadlines.

FAQ

What can I do if I consider the owner-move eviction unjustified?

Check the reason, secure evidence and seek legal advice; also examine possible hardship reasons.

Which deadlines are important?

Observe the statutory notice period and deadlines for a court response; note the received date of the letter.

Which court should I turn to?

Tenancy disputes are usually heard in the first instance at the local court (Amtsgericht).

How-To

1. Read the termination carefully and note date and deadline.
2. Gather all relevant documents and create a chronology.
3. Complete necessary forms or draft a response letter.
4. Obtain legal advice and check whether a hardship case applies.
5. If necessary, file suit at the local court within deadlines.

Key takeaways

• Owner-move must be concrete and plausible.
• Secure evidence and keep a clear chronology.
• Observe deadlines carefully and act promptly.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection
• Laws in the Internet (BGB, ZPO)
• Justice portal: court information

1. [1] Sections 535–580a BGB — Gesetze im Internet
2. [2] Civil Procedure Code (ZPO) — Gesetze im Internet
3. [3] Justice portal: local courts information