Termination for Personal Use (Eigenbedarfskündigung): What Tenants Can Do

What is a termination for personal use (Eigenbedarfskündigung)?

A termination for personal use (Eigenbedarfskündigung) occurs when the landlord needs the flat for themselves, for family members, or for members of their household (§ 573 Abs. 2 Nr. 2 BGB). Personal use (Eigenbedarf) is the most common ground for termination in German tenancy law. However, it is subject to strict conditions that many landlords fail to meet.

Requirements for a valid termination for personal use

Not every termination for personal use is lawful. For it to be valid, the following conditions must be met:

• Eligible group of people: Only the landlord themselves, close family members (parents, children, siblings, grandchildren), or members of the household (e.g. care staff) qualify.
• Concrete intention to use: The landlord must set out a concrete and reasonable intention to use the flat — not just a vague plan.
• Duty to give reasons: The termination must be made in writing and give detailed reasons for the personal use. It must be clear who wants to use the flat and why.
• Notice period: The statutory notice period depends on the length of the tenancy: 3 months for up to 5 years, 6 months for 5 to 8 years, and 9 months for more than 8 years.

When is a termination for personal use invalid?

A termination for personal use is invalid in the following cases:

• Pretextual personal use: If personal use is merely feigned in order to get rid of the tenant, the termination is invalid. The tenant has claims for damages (moving costs, rent difference).
• Already known when the contract was signed: If the landlord already knew about the personal use when the rental contract was concluded and did not inform the tenant, the later termination is an abuse of rights.
• An alternative flat is available: If the landlord owns a comparable vacant flat in the same building, they must offer it to the tenant.
• Formal errors: Missing or imprecise reasons, failure to observe the written form.

Your right to object under § 574 BGB

Even with a formally correct termination for personal use, you as the tenant can object under § 574 BGB if moving would constitute an unreasonable hardship for you or your family. Grounds of hardship include, among others:

• Advanced age or illness: Elderly or seriously ill tenants can invoke the hardship rule.
• Pregnancy: Pregnant tenants enjoy special protection.
• Children's schooling: Moving during the school year can constitute an unreasonable hardship.
• No replacement flat: If no comparable flat can be found in a tight housing market, this can establish a hardship.
• Long tenancy and social roots: Tenants who have lived in the flat for decades can invoke their roots in the neighbourhood.

The objection must reach the landlord in writing no later than two months before the end of the notice period. Set out the hardship in detail and attach — where possible — medical certificates or other evidence.

Important deadlines with personal use

Observe the relevant deadlines carefully:

• Objection deadline: No later than 2 months before the end of the notice period
• Notice period: 3, 6, or 9 months depending on the length of the tenancy
• Grace period for vacating: On application, the court can grant a grace period of up to one year to vacate

Conclusion: Check the termination carefully

A termination for personal use is not automatic. Check the termination for formal and substantive errors, consider whether a hardship exists, and act on time. KlarMiet can analyse your rental contract and identify relevant clauses that strengthen your protection. In the case of a termination for personal use, we additionally recommend seeking advice from a tenants' association or a specialist lawyer.