Tenant Protection in Germany: Economic Use
If your landlord asserts economic use, tenants in Germany often face tight deadlines. This page explains clearly which deadlines apply, how to check termination protection and which evidence helps keep your apartment. We describe concrete steps – from securing correspondence and requesting defect remediation to responding to notices within deadlines. We name relevant laws, explain when the local court (Amtsgericht) is competent, and show how to use official forms. The goal is to give practical, legally sound options so you can exercise your rights without complex legal language. At the end you will find a short FAQ, a step-by-step guide and links to official authorities.
What does "economic use" mean?
"Economic use" describes situations where the landlord intends a different use of the rented property, for example personal use, modernization with significant rent increases, or conversion into condominiums. The legal basis for tenancy relationships can be found in the German Civil Code (BGB), particularly regarding duties and terminations.[1]
Deadlines, checks and termination protection
Deadlines are decisive: respond within set time limits, document every message, and check whether your case falls under special termination protection (e.g. social hardship, preservation orders). If proceedings occur, the Code of Civil Procedure (ZPO) governs the process; the local court (Amtsgericht) is usually the first instance for tenancy disputes.[2][3]
- Response deadlines to a termination: often only a few weeks, respond immediately.
- Evidence: collect copies of letters, photos of the apartment's condition and written communications.
- Formal deadlines: send written responses and any objections on time.
- Contact authorities early: seek advice from the competent office or court.
Immediate steps for tenants
- Secure all letters, emails and receipts immediately in digital and paper form.
- Note deadlines and appointments in a clear schedule.
- Request remediation of defects in writing, which can serve as a counterargument.
- Use official template letters to reply to terminations and to preserve deadlines.
- Prepare documents for a possible proceeding at the local court.
Forms and official authorities
Public authorities provide templates and guidance: the Federal Ministry of Justice offers information on tenancy law and sample texts; use these official forms for timely replies and documentation.[4]
- Use model termination-response letters and ministry guidance to avoid formal errors.
FAQ
- Can my landlord terminate because of economic use?
- Under certain conditions yes; every termination must be properly justified and deadlines must be met.
- Which deadlines matter most?
- Primarily the response deadlines to terminations and statutory objection periods; record all dates immediately.
- Where can I turn if I am unsure?
- Contact the competent local court (Amtsgericht) or use official advice services provided by state justice authorities.
How-To
- Check deadlines: note receipt dates and all deadlines immediately.
- Gather evidence: letters, photos, and witness statements.
- Send a formal, timely reply using official templates.
- Seek advice from the local court or an official advisory office.
- Prepare organized documents in case litigation becomes necessary.
Help and Support / Resources
- BGB §§ 535–580a — Gesetze im Internet
- ZPO — Code of Civil Procedure (full text)
- Federal Court of Justice (BGH) — information and decisions