{"id":5454,"date":"2026-03-21T07:25:26","date_gmt":"2026-03-21T07:25:26","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=5454"},"modified":"2026-03-23T10:08:37","modified_gmt":"2026-03-23T10:08:37","slug":"eigenbedarfskuendigung-wie-kann-ich-mich-als-mieter-dagegen-wehren","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/termination-due-to-personal-use-how-can-i-as-a-tenant-defend-myself-against-it\/","title":{"rendered":"Termination due to landlord's personal need: How can I, as a tenant, defend myself against it"},"content":{"rendered":"

The letter is on the table: your landlord is terminating your tenancy \u2013 for personal use. Perhaps they want to move in themselves, perhaps their son is to get the flat. We explain what this means exactly, whether the termination is even valid, and what options you have now.<\/span><\/p>\n

Because a notice of termination for personal use does not have to be accepted simply. The legislator has set narrow limits, and in practice many notices fail due to formal errors, lack of reasons, or because the personal use simply does not genuinely exist.<\/span><\/p>\n

Note:<\/b> This post serves as a general guide and does not replace individual legal advice. Cases of personal use always depend on the specific circumstances. Have your situation assessed by a <\/span>Solicitor for tenancy law<\/span><\/a> Check before you act.<\/span><\/p>\n

\"For<\/p>\n

<\/span>What is a private occupancy termination?<\/b><\/span><\/h2>\n

A notice of termination due to own need is the ordinary cancellation<\/a> termination of a tenancy by the landlord because they require the flat for themselves or for certain relatives. The legal basis for this is found in Section 573 (2) No. 2 of the German Civil Code (BGB): The landlord can terminate the tenancy if they \u201erequire the rooms as a dwelling for themselves, their family members or members of their household.\u201c<\/span><\/p>\n

Sounds easy. But it isn't.<\/span><\/p>\n

There's a lot of potential for dispute in the details \u2013 starting with the question of who actually counts as a \u201erelative,\u201c through the correct justification, to the proof that the need actually exists and isn't just a pretence.<\/span><\/p>\n

<\/span>A landlord can claim 'eigener Bedarf' (own use) for themselves, their close family members, or members of their household. This typically includes:\n\n* **The landlord themselves:** For personal use.\n* **Close family members:** Such as children, parents, or siblings.\n* **Members of the household:** This can include individuals who live with the landlord or for whom the landlord has a special responsibility, such as a carer.\n\nThe specific definition of \"close family members\" and \"members of the household\" can vary slightly depending on regional laws and court interpretations within Germany, but the core principle is that the landlord needs the property for their own living space or that of people they have a close personal connection with and a genuine need to house.<\/b><\/span><\/h2>\n

Not for everyone. The law refers to family members and household members. Case law has specified this group over the years:<\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n
Personal use possible<\/b><\/td>\nNot possible for own use<\/b><\/td>\n<\/tr>\n
Landlord themselves<\/span><\/td>\nDivorced spouses<\/span><\/td>\n<\/tr>\n
Spouse \/ registered civil partner<\/span><\/td>\nEx-in-laws<\/span><\/td>\n<\/tr>\n
Children, stepchildren, grandchildren<\/span><\/td>\nCousins and Cousins (BGH VIII ZR 276\/23)<\/span><\/td>\n<\/tr>\n
Parents, siblings<\/span><\/td>\nDistant relatives (great-aunts etc.)<\/span><\/td>\n<\/tr>\n
Nieces and nephews (since BGH 2010)<\/span><\/td>\nLegal entities (GmbH, AG)<\/span><\/td>\n<\/tr>\n
Domestic staff, nursing staff<\/span><\/td>\nFriends, acquaintances<\/span><\/td>\n<\/tr>\n
GbR Partner (for themselves)<\/span><\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

A point that many people don't know: A limited liability company (GmbH) or public limited company (AG) cannot claim personal use as a legal entity. A partnership under civil law (GbR), on the other hand, can \u2013 but only for one of its partners personally.<\/span><\/p>\n

<\/span>Checklist: Is your own-use termination effective?<\/b><\/span><\/h2>\n

Before you react, you should carefully check the notice. Many notices for personal use are faulty. The following points must all be met for the notice to be effective:<\/span><\/p>\n

    \n
  1. In writing.<\/b> The notice must be given in writing \u2013 an email or verbal notification will not suffice.<\/span><\/li>\n
  2. To all tenants.<\/b> If several people are listed on the rental agreement, the termination must be addressed to all of them.<\/span><\/li>\n
  3. Signed by all landlords.<\/b> If there are multiple landlords (e.g. a married couple), both must sign.<\/span><\/li>\n
  4. Beneficiary named.<\/b> The landlord must specify exactly who is to move into the flat and their relationship to them (BGH VIII ZR 184\/14).<\/span><\/li>\n
  5. Understandable reasoning.<\/b> The reason must be specific \u2013 not just \u201efor personal use\u201c, but why this particular flat is needed.<\/span><\/li>\n
  6. Notice of the right to object.<\/b> The landlord must inform you that you can object to the termination (\u00a7 574b para. 1 BGB). If this notice is missing, your objection period is extended.<\/span><\/li>\n
  7. Statutory notice periods observed.<\/b> More on that shortly.<\/span><\/li>\n<\/ol>\n

    If even one of these points is missing, the termination may be invalid. But be careful: not every error automatically leads to invalidity. Some defects are curable, others are not. This is exactly where legal review is worthwhile.<\/span><\/p>\n

    <\/span>Legal notice periods for personal use<\/b><\/span><\/h2>\n

    Even in cases of personal use, the landlord must adhere to the statutory notice periods according to \u00a7 573c of the German Civil Code (BGB). The longer you live in the flat, the longer the notice period:<\/span><\/p>\n\n\n\n\n\n\n
    Rental period<\/b><\/td>\nCancellation period<\/b><\/td>\n<\/tr>\n
    Up to 5 years<\/span><\/td>\n3 months<\/span><\/td>\n<\/tr>\n
    Over 5 years<\/span><\/td>\n6 months<\/span><\/td>\n<\/tr>\n
    Over 8 years<\/span><\/td>\n9 months<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    The notice must be received by the third working day of a month at the latest, so that it becomes effective at the end of the month after next. Therefore, someone who has lived in their Cologne flat for ten years has at least nine months before they have to move out \u2013 assuming the notice is effective at all and no objection applies.<\/span><\/p>\n

    <\/span>How can I defend myself against a notice for personal use?<\/b><\/span><\/h2>\n

    <\/span>1. Check termination for formal errors<\/b><\/span><\/h3>\n

    This is the first and most important step. Check the termination using the checklist above. If the reason is completely missing, the termination is clearly invalid \u2013 you don't even need to object to it and can simply wait. For other errors \u2013 such as a missing signature \u2013 you should reject the termination in writing without delay.<\/span><\/p>\n

    <\/span>2. Objection due to exceptional hardship (social objection under \u00a7 574 BGB)<\/b><\/span><\/h3>\n

    Even if the termination is formally and substantively correct, you can object \u2013 if the departure would entail hardship for you or your family <\/span>Unreasonable hardship<\/b> would represent. The law calls this contradiction a social contradiction.<\/span><\/p>\n

    Recognised grounds for hardness include, for example:<\/span><\/p>\n