In Germany, a landlord can only end an open-ended lease for a legitimate reason. The most common is own use (Eigenbedarf): the landlord needs the flat for themselves, their family or members of their household.
An own-use termination is a serious step for tenants, but it has strict requirements. Before you move out, have it checked.
Requirements
Who can be the beneficiary? The landlord, family members such as children, parents, siblings, grandchildren, and members of the landlord's household, such as a carer. More distant relatives only in exceptional cases.
Reason. The landlord must have a reasonable and understandable reason to live in the flat, such as moving closer to work, more space for a family or a child moving out. Courts generally respect the landlord's decision, but check whether it is serious.
Form. The termination must:
- be in writing with an original signature,
- name the person who will move in,
- explain why they need the flat.
Duty to offer another flat. If the landlord has another suitable vacant flat in the same building or complex, it must offer it to you.
Notice Periods
| Length of tenancy | Notice period for the landlord |
|---|---|
| Up to 5 years | 3 months |
| More than 5 years | 6 months |
| More than 8 years | 9 months |
In some cities, a longer protection period applies after a rented flat was converted into an owner-occupied flat.
Hardship Objection
You can object to the termination if moving out would cause hardship for you or your family that outweighs the landlord's interest, for example:
- serious illness or disability,
- old age combined with deep roots in the area,
- pregnancy or school exams,
- no reasonable replacement flat available.
The objection must be in writing and reach the landlord at least two months before the end of the notice period. The court may then continue the lease for a period or indefinitely.
What to Do
- Check the form and the reason. Is the person named? Is the reason plausible?
- Check the notice period.
- Do not move out immediately. You can stay until the end of the notice period, and longer if the termination is invalid.
- Consider a hardship objection.
- Get advice from a tenants' association or lawyer.
Many cases end with a settlement, for example a later move-out date and a payment for moving costs.
Fake Own Use
If the landlord only pretended to need the flat, for example and then re-lets it at a higher rent, you can claim damages, including moving costs and higher rent for a new flat. Keep an eye on the flat after you move out.
Frequently Asked Questions
Can a new owner terminate for own use straight after buying?
Yes, in principle, but special protection periods apply in some cases, especially after conversion into apartments.
Do I have to let the landlord view the flat?
Only with reasonable notice and for a legitimate purpose.
Can I negotiate a payment for leaving?
Yes. Many landlords pay to avoid a lengthy court case.
