Tenant Guide: Personal-Need Eviction in Germany

Tenants in Germany who receive a personal-need eviction often face pressure and need clear steps. This text explains in plain language how to check the eviction, which deadlines apply, which documents and template letters help, and when you should seek a conversation with the landlord. I describe how to collect evidence, which legal bases in the BGB are important, and when a local court (Amtsgericht) becomes competent. The goal is that you as a tenant recognize your rights, do not miss deadlines and take sensible steps, such as preparing an objection, seeking advice in time, or preparing documents. Specific templates and a practical workflow help you act confidently. Read on for templates and steps.

What should tenants check first?

Check the eviction immediately for formal details: date, signature, precise justification of personal need and information about who will use the apartment in the future. If a comprehensible justification is missing, the eviction may be invalid. Also pay attention to deadlines and the delivery of the notice.

Note the date and time of receipt and collect all written documents. A clear folder with the tenancy agreement, service charge statements and previous letters helps in proving facts. Legal bases are regulated in the Bürgerliches Gesetzbuch (BGB).^[1]

Checklist: First steps

• Check deadlines (deadline): control the termination date and statutory notice periods.
• Secure documents (file): copy and date the eviction and all attachments.
• Collect evidence (evidence): document photos, witnesses, payment records and previous agreements.
• Check repairs (repair): document defects and living conditions if a rent reduction is relevant.
• Seek contact (contact): first talk to the landlord to clarify motives and alternatives.

When is a personal-need eviction invalid?

An eviction can be invalid if the justification is vague or obviously pretextual (for example, if the alleged need does not actually exist) or if there is severe hardship for the tenant (e.g., serious health reasons, advanced age, long tenancy). Courts consider both the landlord's and tenant's interests.

Legal pathway and jurisdiction

Disputes about eviction and eviction suits are first heard by the local court (Amtsgericht); in appeals, the regional court (Landgericht) and the Federal Court of Justice (BGH) may be involved.^[2][3]

Examples of template texts

Use clear templates to draft objections or statements. A short template can look like this: date, your address, landlord address, subject, brief explanation why personal need is not plausible, request for withdrawal or clarification, note on preserving deadlines. Keep a copy and send by registered mail if possible.

FAQ

What does "personal need" mean?

Personal need exists when the landlord or close relatives require the apartment for their own residential purpose. The justification must be concrete and comprehensible.

Which deadlines apply after a personal-need eviction?

Notice periods depend on the duration of the tenancy according to the BGB; check the specific date in your letter and act quickly.

Can I sue against an eviction?

Yes, you can file an objection and have the matter decided at the local court; in urgent cases, legal measures such as interim relief are available.

How-To

1. Act promptly (deadline): check the termination date and deadlines immediately.
2. Create documentation (evidence): collect lease, payment receipts, photos and relevant messages.
3. Use a template (file): draft a template letter with your statement and send it with proof of delivery.
4. Consider court action (court): consult about litigation or objection options with lawyers or advisory centers if needed.

Key notes

Always act within deadlines and avoid emotional escalation. Seek advice early from an advisory center or lawyer if the situation is unclear. Some federal states offer free legal advice for tenants.

Help and Support / Resources

• Contact (contact): information on local courts and jurisdiction
• Information (info): Bürgerliches Gesetzbuch (BGB)
• BGH (info): decisions on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zuständigkeit der Amtsgerichte – justiz.de
3. [3] Bundesgerichtshof – bundesgerichtshof.de