When personal use only exists on paper
For many tenants, a notice of termination for personal use comes as a shock - it often means stress, house-hunting, higher rent and considerable relocation costs. But what if it turns out in the end that the personal use was just a pretence? This was the subject of a judgement by the Cologne Local Court (Ref. 203 C 200/20), which strengthens tenants and warns landlords to handle the right of termination with care.
The case: Cancellation due to alleged personal use
The plaintiff had been living in a rented flat in Cologne for years. The landlords were two people who gave the plaintiff notice of termination in July 2018 due to personal use. The reason given: The flat was needed for their grandson, who wanted to "stand on his own two feet" after completing his education. Practical: the flat is located right next to the grandparents' home - ideal for providing support in everyday life.
The tenant accepted the cancellation and quickly found a new flat. It was smaller, unrenovated - and more expensive. The move, double rent in February, new furniture and renovations added up to several thousand euros. But then came the surprise: shortly after moving out, the plaintiff discovered an advert on ImmobilienScout24 - for exactly the same flatbut now offered at a significantly higher price.
Even more curious: a second advert appeared in May 2019, meaning that the flat that was supposedly urgently needed for the grandson was obviously being offered on the open market again. It was clear to the plaintiff: The personal use was only a pretence.
The judgement: full compensation for damages
The Cologne District Court ruled in favour of the tenant and ordered the landlords to pay 5,200.02 Euro compensation. The reasoning is clear:
A landlord who cancels a tenancy agreement without actually needing the property is in breach of his obligations under the tenancy agreement and is liable for any resulting damage.
The key point here was that the grandson's alleged wish to use the property not concrete and solidified was. There were no clear plans to move in, no rental agreements, and the later adverts for flatmates or even the entire flat contradicted the alleged personal requirements.
The court assessed the landlords' submission as contradictory and unrealistic. It is not enough if a grandchild "maybe" wants to move in - there must be a Serious, promptly realisable will to use exist. This was not recognisable here.
Why is the judgement important?
The judgement is a strong signal to landlords: Anyone giving notice of termination on the grounds of personal use must actually have such a need and be able to provide concrete evidence of it. Mere intentions or uncertain plans are not enough. And if the personal requirement is subsequently cancelled, the landlord must inform the tenant of thisas long as the tenancy is still running.
For tenants, this means Not every personal use cancellation is set in stone. Anyone who has doubts about the seriousness of this - especially if the flat is later sublet - should seek legal assistance. There are often claims for damages.
What does this mean in concrete terms for tenants and landlords?
For tenants:
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Document everything: Letter of cancellation, own moving costs, rent increases, etc.
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Observe the development: Will the flat be offered for sale again after you move out?
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Let us advise you: A tenants' association or specialised lawyer can help to enforce claims for damages.
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No false shynessIf the personal use is not realised, you have a good chance in court.
For landlords:
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Own use must be genuine and specific: A vague intention or reservation is not sufficient.
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Planning and communication are mandatoryClarify everything with the future resident before you give notice.
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Transparency towards the tenantIf plans change, the tenant must be informed - otherwise there is a risk of high costs.
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Stay away from advance cancellationsIf you only give notice "as a precaution", you risk being sued.
Conclusion: personal use is not a blank cheque
The judgement of the Cologne Local Court makes it clear that the right to terminate a tenancy for personal use must not be used lightly or tactically. It is linked to clear conditions - and if the tenant's trust is abused, there is a risk of severe liability.
This case law is an important signal, especially in cities with a tight housing market: Tenant protection does not end with the cancellation.
FAQs: Frequently asked questions on the topic of "personal use & compensation"
When can a landlord register personal use?
A landlord may claim personal use if he wants to use the flat for himself, close relatives or household members. concrete and timely needed. Mere declarations of intent or long-term planning are not enough.
What should you do if you suspect that your own needs are just a pretence?
Keep a close eye on how the flat is used after you move out. If it is re-let or advertised, this may be an indication of faked personal use. Document everything and seek legal advice.
Can I claim compensation if the personal use turns out to be false?
Yes, if you move out on the basis of a notice of termination for personal use and it later transpires that the personal use did not exist or ceased to exist, you are entitled to Reimbursement of your relocation costs, renovation, double rent or higher subsequent rent (§§ 280, 241 BGB).
How specific must the personal requirement be when giving notice?
The so-called "will to use" must Tangible and planned This means, for example, with agreed rental conditions, moving date or family planning. A non-binding "maybe sometime" is not enough.
What consequences do landlords face for faked personal use?
In addition to the damage to the company's image, there are also considerable financial consequences: Claims for damages, legal fees and court costs - and possibly a reversal of the cancellation if the case is discovered early enough.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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Lawyers in Cologne provide advice and representation in tenancy law.
