Terminating for own use (Eigenbedarf): what landlords must get right

When own use applies

A landlord may terminate a residential lease if they need the flat as a home for themselves, for members of their household or for members of their family (§ 573 (2) no. 3 BGB). Needing it does not mean there is no other solution: reasonable and comprehensible reasons are enough, such as moving closer to family, a child setting up their own household, or wishing to live in one's own flat in old age. The courts respect the landlord's plans for their life; they draw a line at a grossly excessive need for space, or where the landlord already knew of the need when the lease was signed and kept it from the tenant.

Family members are above all children, parents, siblings and grandchildren; for more distant relatives a particular closeness matters. A GmbH or any other legal entity cannot claim own use, because it does not live anywhere.

What the notice must contain

The notice must be in writing and signed by hand (§ 568 (1) BGB); an email or a fax is not enough. Where there are several landlords, all of them sign, and the notice is addressed to every tenant on the lease. It must state the reasons (§ 573 (3) BGB): who is to move in and why. General phrases are not enough, and what is missing there can usually not be added later in court.

The landlord should also tell the tenant of the right to object to the termination, and of the form and deadline for doing so (§ 568 (2) BGB). Without that notice, the tenant may still object up to the first hearing of the eviction proceedings.

Notice periods and waiting periods

For the landlord the notice period is three months, six months after five years of tenancy and nine months after eight years (§ 573c (1) BGB). The notice must reach the tenant by the third working day of a month for that month to count. Being able to prove delivery, for example by a messenger, saves a dispute later.

Where the flat was converted into a condominium and sold after the tenant moved in, the buyer may claim own use only after three years (§ 577a BGB). The federal states may extend this waiting period to up to ten years for municipalities with a strained housing market; whether, and for how long, that applies to a flat in Frankfurt am Main, I check case by case.

The tenant's objection for hardship

The tenant may object to the termination if its end would mean a hardship for them, their family or a member of their household that cannot be justified even in view of the landlord's legitimate interests (§ 574 BGB). Typical grounds are old age, serious illness, an advanced pregnancy, or the lack of alternative housing on reasonable terms. The objection must be made in writing, at the latest two months before the tenancy ends (§ 574b BGB).

The courts examine such hardship carefully, for health grounds often with an expert opinion. The tenancy may then be continued for a fixed or an indefinite time. A landlord who terminates should therefore know and plan for possible hardship in advance.

When the need falls away

If the need falls away before the notice period ends, the landlord must tell the tenant. If by then a comparable flat in the same building or complex becomes free that the landlord wants to let again, it must be offered to the tenant. A landlord who only pretends own use becomes liable for damages, such as the costs of moving and the higher rent of a new flat.

How I help

Before the termination I check whether the own-use claim holds and which hardship the tenant is likely to raise, draft the notice, and represent you if it comes to an eviction claim. If you are a tenant who has received a termination for own use, I check whether it is valid and whether an objection has a prospect of success.