Lawyer personal use cancellation Munich

Legal advice on cancellation for personal use

Owner-occupancy termination compact

Was gilt als Eigenbedarf?

German tenancy law is largely very tenant-friendly and the hurdles for the landlord to terminate the tenancy are correspondingly high. Good reasons are required to terminate the tenancy prematurely. One of the most common reasons of this kind is the so-called termination for personal use. The termination for personal use is based on the fact that the landlord wants or needs to use the flat or property for himself, close relatives or members of the household in the future.

The concept of personal use is very strictly formulated. Own use exists if the landlord needs the flat or rental property for himself, for a family member or for members of his own household. For example, shareholders of a limited liability company cannot claim personal use for the property rented by their limited liability company.

More precisely, according to the usual case law, personal use includes: the landlord himself (as a private individual), his parents, grandparents, children or stepchildren, siblings, niece and nephew, grandchildren, spouse and registered partner as well as parents-in-law. Own use may also be justified by the needs of members of the landlord's community or members of an inheritance company. In addition to cohabiting partners, relatives of the household generally also include the children of cohabiting partners, existing foster children, but also permanent domestic staff such as carers, caretakers or domestic help.

Cousins, uncles or aunts, grandnieces and grandnephews, as well as in-laws, are usually not considered to have personal needs. Divorced spouses and life partners also do not justify a termination of personal use.

HOW LONG DO EVICTION ACTIONS TAKE IN THE EVICTION FOR OWN USE

If the tenant does not respond to the termination action, a judgement can nowadays even be obtained relatively quickly by means of a default judgement. In practice, however, eviction proceedings often take a very long time. It is quite common for proceedings to take 6-12 months.

REASONS FOR TERMINATION OF OWNERSHIP

In addition to simply taking over the flat as a home, the future use of the flat as a holiday home or second home are also considered legitimate reasons for terminating an owner-occupied tenancy. Combining the flat with an owner-occupied flat also counts as such. However, the use must practically always be for private residential purposes (there are a few exceptions that also permit owner-occupation as an office, provided the interest in owner-occupation is high enough) and places strict requirements on a formally correct letter of cancellation. An experienced lawyer for owner-occupancy termination and tenancy law will ensure that the procedure can be carried out quickly and without any nasty surprises.

ABUSE OF TERMINATION FOR OWN USE

Due to the very tenant-friendly interpretation of German tenancy law, termination for own use is often the only option if a landlord wants to get rid of an unpleasant tenant. The abuse rate here is correspondingly high. As an affected tenant, you should always be wary if the justification seems contrived or exaggerated. If the landlord is unable to use the flat to the extent mentioned or if the housing requirement is excessive, an objection may well be worthwhile. However, you always need the expertise of an experienced tenancy lawyer to successfully appeal against a termination for personal use. So if you, as a tenant, are of the opinion that a notice of termination for personal use issued to you is incorrect, we will be happy to help you.

FREQUENTLY ASKED QUESTIONS ON THE SUBJECT OF PERSONAL USE CANCELLATION