Tenant Rights for Owner Move-Out Notices in Germany
Tenants in Germany often face time pressure when receiving an owner-move notice and may not know their rights. This guide explains in plain language which deadlines to watch, which documents are helpful as evidence, and how to respond formally. You will learn when a notice should be checked under the Civil Code (BGB), which courts are responsible, and how to practically preserve deadlines. Concrete action steps, hints on sample forms and examples help improve your chances of contesting the notice or obtaining an extension. Use the checklist, document everything and act as quickly as possible.
What is an owner-move notice?
An owner-move notice is issued by the landlord when they need the flat for themselves, close relatives or household members. The legal requirements are set out in the BGB and must be stated concretely.[1] The notice must be in writing and explain the reasons sufficiently; otherwise it is often contestable.
Quick checklist
- Note the date the notice was received and calculate deadlines.
- Copy the notice and read the justification carefully.
- Collect all relevant evidence: correspondence, photos, witness statements.
- Contact local tenant advice or a lawyer for an assessment.
- If necessary, prepare a lawsuit against the notice at the competent local court.
Important forms and practical examples
Relevant forms include a statement to the landlord, a sample letter to contest the notice, and the complaint form for the local court. A practical example: if the notice is received on 1 March, note that day and check the statutory notice period; collect evidence before the deadline and send a timely response to the landlord. Sample forms and court guidance can be found on official justice and law portals.[1][2][3]
How-To
- Record the date: Immediately note the date the notice was received.
- Check the form: Compare the wording with sample texts and mark unclear points.
- Collect evidence: Photos, emails, witnesses and document everything.
- Seek advice: Arrange a consultation with tenant advice or a lawyer promptly.
- Consider litigation: If the notice appears unjustified, prepare and file a complaint at the local court.
Frequently Asked Questions
- Can a landlord terminate without reason citing owner move?
- No. The landlord must state the concrete personal need and the person for whom the flat is required; mere intentions are usually insufficient.
- What deadlines apply to tenants after receiving the notice?
- Deadlines depend on the tenancy and the BGB; the receipt date is crucial for calculating objections or lawsuit deadlines.[1]
- How can I contest a notice?
- You can object in writing, collect evidence and file a lawsuit at the local court within the statutory period; support from tenant advice or a lawyer is advisable.
Help and Support / Resources
- Civil Code (BGB) - Legal text
- Federal Court of Justice (BGH) - Decisions
- Justice Portal - Court information and forms
