Tenants Check Owner Move-Out Notice Germany
Many tenants in Germany receive an owner move-out notice and are unsure whether the explanation is lawful. In this text you will learn, as a tenant, which types of evidence matter, how to document documents and photos properly and which deadlines apply. We name the relevant legal bases, where tenancy disputes can be heard at the local court and which practical steps you should take to protect your rights. The aim is to give you concrete actions and examples so you can review a notice, collect necessary evidence and respond if needed.
When is an owner move-out notice lawful?
An owner move-out notice by the landlord is possible if the landlord, a family member or a household member needs the apartment for their own use. A comprehensible, concrete justification by the landlord is decisive and you should check whether milder alternatives exist. As a tenant, check whether the justification is plausible and whether objection rights or hardship exceptions apply.[1]
Evidence: What you should collect
Collect and document all records that clarify the situation: written termination, dates, payment records and communication with the landlord. Pay attention to chronological filing and secure backups.
- Written termination and landlord's justification (date, signature).
- Photos of the apartment, handover protocols and defect records.
- Messages, emails or letters with the landlord as screenshots or printouts.
- Witness statements with names and contact details (neighbors, contractors).
- Receipts for rent payments, service charges and deposit agreements.
Deadlines, conduct and court
Be sure to check the deadlines stated in the notice and respond within those deadlines. If unclear, you can file an objection and consider legal action within the statutory time limits. Tenancy disputes are normally tried in the first instance at the local court.[2]
Practical cases: short examples
Example 1: The landlord verbally states owner move-in need without written justification. In this case request a written termination and collect evidence supporting your objection.
Example 2: The landlord names a relative as the user of the apartment who is registered elsewhere. Here a registration certificate, proofs of residence and possible witnesses are important.
- Formal errors in the termination can make the termination ineffective.
- Observe statutory notice periods and deadlines for objections.
- Contact the relevant advisory service or a local court early if unsure.
FAQ
- What does "Eigenbedarf" mean exactly?
- Owner move-in need exists when the landlord or close relatives require the apartment for their own residential use. The justification must be concrete and comprehensible.
- What deadlines apply after an owner move-out notice?
- Statutory notice periods depend on the duration of the tenancy; rules for residential tenancies are set out in the BGB. Check the specific deadline in the notice.
- Which evidence helps tenants most?
- Important items are the written termination, communication with the landlord, photos, payment receipts, registration certificates and witness statements.
How-To
- Read the notice carefully and note date and deadlines.
- Collect all relevant evidence: letters, photos, payment receipts.
- Record deadlines in a calendar and set reminders for objections or responses.
- Inform yourself about possible court action at the local court and prepare documents.
Help and Support
- Laws: Civil Code (BGB) on tenancy, information at gesetze-im-internet.de.
- Procedure: Civil Procedure Code (ZPO) for lawsuits and eviction procedures.
- Courts: Information on the Federal Court of Justice and the responsibilities of local courts.
