What you can do as a tenant against a termination for personal use (Eigenbedarf)

In a termination letter for personal use, the landlord must not only name the person who is to move in, but also give a detailed and comprehensible explanation of why this person needs the flat. In doing so, the landlord sets out the ground for termination that is supposed to justify evicting the tenant. The landlord may add to this reason afterwards, but may not simply change it and turn a niece into a mother-in-law.

Blanket statements (e.g. that the flat is simply urgently needed or that it is bigger) are not permissible here. If the termination for personal use ends up in court, the landlord must be able to substantiate the reasons in detail.

Possible grounds for a termination for personal use include:

• The flat is closer to the landlord's workplace
• The landlord needs the flat because of a divorce or because they themselves have to move out
• Family members need a flat (family planning etc.)
• A carer is to move into the flat with the landlord

Every tenant has the right to object to a termination for personal use. The landlord must receive this objection no later than two months before the end of the notice period. In the objection, the tenant can invoke § 574 BGB (German Civil Code), the so-called hardship clause or social clause. It states that such a termination cannot reasonably be expected of the tenant for social reasons. Such reasons may include:

• Old age combined with illness or a need for care
• Serious professional disadvantages caused by a move
• Long tenancy and deep roots in the local community
• Suitable replacement housing cannot be obtained on reasonable terms

Whether a hardship case exists always depends on the individual circumstances and is decided by the judge hearing the case. In principle, a hardship case takes precedence over the landlord's interests. In reality, however, many hardship cases are unfortunately not successfully enforced.

If the landlord owns other comparable flats, in some cases they must offer the tenant a suitable alternative flat.

An objection must always be made in writing and be justified in detail. An objection can lead to court proceedings and eviction actions. Affected tenants should therefore always seek tenancy law assistance and the support of an experienced lawyer. The tenancy continues while the objection is pending.

Termination agreements and severance payments

If, despite all efforts, you cannot keep your flat, you may still be able to obtain a form of compensation through a termination agreement (Aufhebungsvertrag). If, for example, the tenant moves out earlier within the notice period, or if the landlord wants to cut short a legal dispute or objection procedure that is already under way, the tenant may receive a severance payment from the landlord.

Faked personal need and damages

If a landlord has only faked the personal need in order to terminate the tenant's lease, they are acting unlawfully – but only if it can be proven! If the tenant can prove that the landlord, or the person who was supposed to move in on grounds of personal need, has not moved in, the tenant can claim damages and take legal action. In such a case the landlord is liable to prosecution and the termination is also invalid.

Here the burden of proof lies with the tenant to demonstrate the deception. Evidence gathered by private investigators can even be used for this purpose. If a pretextual claim of personal need is proven, the tenant is entitled to compensation, which can cover removal costs, estate agent fees and the difference compared with the previous rent.

If your landlord has declared that they need your flat for themselves, this is an existential burden – and unfortunately a bitter reality for more and more tenants. In many major cities such as Berlin, terminations for personal use are now among the most common grounds for termination, and even long-standing tenants are not spared. Often, terminations for personal use go unchallenged, and the tenant can no longer do anything if the landlord then simply re-lets the flat at a higher rent or sells it.

Do you not want to or cannot move out, or do you have doubts about your landlord's reasons? Then check your chances of objecting or of claiming damages. You are entitled to damages if, after a termination for personal use, the landlord did not move into the flat and only faked the personal need.

• Keep calm after the initial shock: tenancy legal expenses insurance helps you defend yourself against a termination for personal use.
• Act together: inform your tenants' association or join one, and tell your neighbours and the people around you about the termination for personal use
• Buy time: an objection should only be lodged shortly before the objection deadline expires
• Clarify ownership: at the land registry, tenants can check whether the landlord owns other flats or houses in which they could offer suitable alternative accommodation.