Tenant Rights: Oppose Economic Use in Germany

As a tenant in Germany you may receive a termination because the landlord intends to use the apartment for economic utilization or otherwise exploit it. This article explains in clear language which legal bases exist, which deadlines and documents are important, and which authorities or courts are responsible. You get practical steps on which forms may be relevant and how to substantiate objections formally. The guidance helps you review and, if necessary, challenge a possible eviction or an unlawful termination by a landlord without prior legal knowledge. At the end you will find frequently asked questions, a step-by-step guide and official links to laws and courts.

What does "economic utilization" mean?

Economic utilization means that the landlord wants to use the property in a way that yields an economic advantage for them, for example through demolition and new construction, conversion into condominiums or other changes of use. Such reasons can justify a termination, but they are subject to strict requirements and must be examined under the German Civil Code.^[1]

First steps: how to defend yourself

• Check deadlines: note the delivery date of the termination letter and respond within the stated deadlines.
• Collect evidence: document photos, defect lists, correspondence and witness statements in an organized way.
• Object in writing: send a reasoned objection by registered mail or other verifiable delivery.
• Seek advice: contact legal advice or the competent local court for guidance on procedures.

Forms and authorities

Important forms and steps include, for example, the application for legal aid (Prozesskostenhilfe, PKH) under the Code of Civil Procedure if you cannot afford a lawyer.^[2] In disputes the competent court is usually the local court (Amtsgericht, housing court); in appeals the regional court (Landgericht) and ultimately the Federal Court of Justice are the higher instances.^[3]

Example: If you receive a termination for utilization, file a timely written objection, collect evidence and simultaneously check PKH to bring a claim against an unlawful eviction.

FAQ

What can I do if the landlord claims economic utilization?

First check deadlines, object in writing and collect evidence; assess whether the requirements under the German Civil Code are met.^[1]

How quickly must I react?

Respond immediately after receiving the termination; typical deadlines are stated in the letter; delay often worsens your position.

Can I get legal aid (PKH)?

Under certain conditions you can apply for PKH; check eligibility and include income evidence.^[2]

How-To

1. Set a deadline: note the delivery date and calculate the response period.
2. Gather evidence: collect photos, correspondence and witness statements.
3. Write an objection: draft a clear, reasoned objection and send it with proof of delivery.
4. Check advice and PKH: contact an advisory centre or assess eligibility for legal aid.
5. Legal action: file a claim at the local court if necessary and follow civil procedure rules.

Help and Support / Resources

• Gesetze im Internet – German Civil Code (BGB)
• Gesetze im Internet – Code of Civil Procedure (ZPO)
• Federal Court of Justice – decisions and information

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Gerichtliche Informationen