Economic Exploitation: Tenant Rights in Germany
As a tenant in Germany, you may face a landlord's termination notice based on alleged economic exploitation. This situation arises when the owner intends to use the property personally, for relatives, or plans to sell. In this article I explain in plain language which pieces of evidence you should collect, how to check tenant protection against termination and which deadlines apply. You will get practical steps for documenting defects, objecting to the termination and preparing for proceedings at the local court. Official forms and the responsible authorities are named. The aim is to give you solid, legally current information so you can effectively assert your rights in Germany.
What is economic exploitation?
Economic exploitation refers to landlord measures aiming at a different use of the property, for example sale or conversion. Courts assess whether the reason actually exists and whether there is misuse. Termination is often an ordinary termination under tenancy law provisions regulated in the German Civil Code (BGB).[1]
Legal basis
The legal framework for tenancies in Germany is found in the German Civil Code (BGB), especially on duties, termination and damages. Procedural questions about claims and eviction are governed by the Code of Civil Procedure (ZPO).[1][2] The local court (Amtsgericht) is competent in the first instance; higher courts are the Landgericht and the Federal Court of Justice for precedent.
Which evidence helps?
- Photos of defects, meter readings and damages with dates.
- All written communication with the landlord (emails, letters, handover protocols) preserved.
- Witness statements, invoices or expert reports with concrete dates if available.
- Record all deadlines and dates, for example the date of delivery of the termination or statutory objection periods.
How to react — first steps
First check the termination formally (delivery, reasoning). Note the delivery date and immediately start evidence preservation. Often an early objection or asserting termination protection and consulting legal advice is worthwhile. The local court handles tenancy matters in the first instance; eviction or declaratory actions are filed there.[3]
Common defense arguments
- Lack of credible personal need or contradictory landlord statements.
- Unrepairable defects that reduce habitability to an extent that termination may be abusive.
- Proof of delays or formal defects in the termination process.
Frequently Asked Questions
- What does "economic exploitation" mean in practice?
- It means using the property to generate profit, such as sale or personal use for conversion; the court examines the seriousness of the claim.
- Which deadlines matter?
- Key deadlines include the delivery date of the termination, the statutory notice period and time limits for filing a claim or objection; act promptly.
- Which court is competent?
- The local court (Amtsgericht) is competent in the first instance; appeals go to the Landgericht and the Federal Court of Justice.
How-To
- Collect evidence: photos, correspondence, witnesses and invoices.
- Record all deadlines and the date of delivery of the termination.
- File an objection or claim in writing and within the deadline if necessary.
- Obtain legal advice: counseling centers, tenant association or lawyer.
- Prepare documents for the local court and file the claim.
