{"id":11899,"date":"2025-07-26T19:17:53","date_gmt":"2025-07-26T19:17:53","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=11899"},"modified":"2025-07-27T20:25:07","modified_gmt":"2025-07-27T20:25:07","slug":"vorgetaeuschter-eigenbedarf-mieterin-erhaelt-schadensersatz-urteil-des-amtsgerichts-koeln","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/tenant-receives-compensation-for-false-personal-use-judgement-of-cologne-district-court\/","title":{"rendered":"Pretended personal use: Tenant receives compensation - judgement of the Cologne District Court"},"content":{"rendered":"

<\/span>When personal use only exists on paper<\/span><\/h2>\n

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<\/strong> (Ref. 203 C 200\/20), which strengthens tenants and warns landlords to handle the right of termination with care.<\/p>\n

<\/span>The case: Cancellation due to alleged personal use<\/span><\/h2>\n

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.<\/p>\n

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 flat<\/strong>but now offered at a significantly higher price.<\/p>\n

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<\/strong>.<\/p>\n

<\/span>The judgement: full compensation for damages<\/span><\/h2>\n

The Cologne District Court ruled in favour of the tenant and ordered the landlords to pay 5,200.02 Euro compensation<\/strong>. The reasoning is clear:<\/p>\n

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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.<\/strong><\/p>\n<\/blockquote>\n

The key point here was that the grandson's alleged wish to use the property not concrete and solidified<\/strong> 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.<\/p>\n

The court assessed the landlords' submission as contradictory and unrealistic<\/strong>. It is not enough if a grandchild \"maybe\" wants to move in - there must be a Serious, promptly realisable will to use<\/strong> exist. This was not recognisable here.<\/p>\n

<\/span>Why is the judgement important?<\/span><\/h2>\n

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.<\/strong> Mere intentions or uncertain plans are not enough. And if the personal requirement is subsequently cancelled, the landlord must inform the tenant of this<\/strong>as long as the tenancy is still running.<\/p>\n

For tenants, this means Not every personal use cancellation is set in stone.<\/strong> 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.<\/p>\n

<\/span>What does this mean in concrete terms for tenants and landlords?<\/span><\/h2>\n

<\/span>For tenants:<\/span><\/h3>\n