Tenant Rights: Owner Move-In Notice in Germany

As a tenant in Germany, a notice for owner move-in can cause uncertainty. You should carefully check whether the landlord explains the need concretely and plausibly and whether alternative apartments are available. Systematically collect evidence such as the termination letter, correspondence, photos, dates and witness statements. Documentation helps to meet deadlines and prepare legal steps if necessary. Early advice from a tenant advisory service or a lawyer often pays off, especially if an objection or a lawsuit is pending. You will also learn which official forms exist, how to draft an objection letter and which court is responsible.

Legal basics

A notice for owner move-in must state the reasons concretely; the relevant rules on tenancy and protection against termination are contained in the German Civil Code (BGB)^[1]. Check whether the landlord describes the need personally, temporally and spatially and whether statutory notice periods were observed.

Which pieces of evidence help tenants?

• Termination letter (notice) – the original and all copies.
• Correspondence with the landlord and messages (evidence), including emails and SMS.
• Photos or videos of condition and handover (evidence).
• Witness statements from neighbors or former tenants (evidence).
• Tenancy agreement, handover protocol and payment receipts (document).
• Documentation of alternative apartments or offers from the landlord (evidence).

Typical formal errors and deadlines

If a concrete reason is missing or the stated need is contradictory, the termination may be contestable. When claiming owner move-in, courts also check whether alternative housing options exist; for disputed legal questions there are relevant decisions from the Federal Court of Justice (BGH)^[2]. Respond within the deadlines, otherwise rights may be lost.

FAQ

What does "owner move-in" mean?

Owner move-in occurs when the landlord or a closely related person needs the apartment for themselves. The reasons must be presented in a comprehensible way and are examined under § 573 BGB.^[1]

Can a landlord fake owner move-in?

Yes, if the statements are not credible or are contradictory, the tenant can file an objection and have the termination judicially reviewed.

What deadlines apply for objection or lawsuit?

There is no uniform objection deadline in the BGB, but statutory notice periods apply and the need to act promptly; procedural rules of civil procedure and the jurisdiction of local courts apply to litigation.^[2]

How-To

1. Check the termination letter carefully and note all details (form).
2. Collect evidence: photos, messages, handover protocols and witnesses (evidence).
3. Watch deadlines and respond promptly, for example with an objection letter (deadline).
4. Seek advice from an official tenant advisory service or a lawyer (contact).
5. If necessary, prepare a court defense and file evidence with the competent local court (court).

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice (BMJ) – Forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesgerichtshof (BGH) – Rechtsprechung
3. [3] Bundesministerium der Justiz (BMJ) – Formulare und Hinweise