Termination for the landlord's own use: when it is valid and what you can do

Under § 573 (2) no. 2 BGB the landlord may terminate the tenancy if they need the apartment for themselves, for family members or for members of their household. They must have a legitimate interest and must name the specific person and the intended use in a comprehensible way.

The notice of termination must justify the landlord's own use in concrete terms: for whom the apartment is needed and why. Blanket or pretextual reasons are not sufficient. An inadequate justification renders the termination invalid.

The statutory notice periods under § 573c BGB apply: three months for the landlord, six months after five years and nine months after eight years. For long-standing tenancies the period is therefore considerably longer – you can determine the exact period using our notice-period calculator.

Even where a termination is valid, you can object under § 574 BGB if ending the tenancy would mean an unjustifiable hardship for you or your family – for instance due to advanced age, illness or a lack of alternative accommodation. The objection must be made in the prescribed form and within the deadline.

Check the following: Is the person for whom the own use is claimed specifically named? Is the reason comprehensible? Is the notice period correct? Were you informed of your right to object? In the case of pretextual own use, the landlord may also face claims for damages.