Termination Due to Personal Use: What Rights Do Tenants Have?

Rental apartments – especially in big cities – are not only expensive but also often scarce. Those who enter into an indefinite rental agreement can consider themselves lucky. "Because the landlord can only terminate this due to a legitimate interest," explains Sabine Brandl, a lawyer at ERGO Rechtsschutz Leistungs-GmbH.

For which persons can the landlord claim personal use?

"This includes, for example, personal use." This is the case when the landlord needs the entire apartment for themselves, close relatives such as their own children, grandchildren, parents, grandparents or in-laws, sons-in-law or daughters-in-law, siblings, stepchildren, nieces and nephews, spouses or registered partners, or a member of their household such as a live-in caregiver, a partner, or a foster child. "An exception for distant relatives like cousins or married uncles and aunts exists if a close personal relationship can be proven," says Brandl.

Further requirements for legitimate personal use

In addition, landlords must be able to demonstrate a justified interest in personal use. "If the property owner themselves or an entitled person – for example, after a family expansion due to marriage or birth – needs more living space, this can be a reason," says the legal expert. Personal use can also be justified after a job change if the apartment is closer to the new workplace, or if parents need to move into a larger apartment due to care needs. "It is also important: The personal use must be current or expected in the foreseeable future, a so-called precautionary termination is not lawful," adds Brandl. Another requirement is that the housing needs of the landlord correspond to the size of the rental apartment in question. This would not be the case for a one-room apartment for their family of five.

When are personal use terminations ineffective?

Terminations due to personal use are subject to certain conditions to be effective. These are not always fully met. "Tenants should therefore thoroughly examine a personal use termination," advises the ERGO lawyer. "It must include understandable reasons as well as the specific person who is to use the apartment, and the end date of the contract according to the correct notice period." If information is missing, such as a justification, or if it is incorrect, the termination is ineffective. Since the assessment is usually difficult for tenants, Brandl recommends seeking support from a lawyer.

What to Do After a Termination Due to Personal Use?

If the termination itself meets all the criteria, it does not necessarily mean that the landlord can actually claim personal use. "In many cases, this is not clearly determinable and must be clarified on a case-by-case basis," says the ERGO lawyer. She also advises discussing the procedure with a lawyer. If the tenant does not move out as requested, the landlord can file an eviction lawsuit, which a court will review. It is important to note the day the termination is received and to pay attention to the expiration of deadlines.

When Is an Objection Worthwhile?

Even if the termination due to personal use is lawful, tenants may, in some exceptions, continue to stay in their homes. "In cases of so-called unreasonable hardship, such as old age combined with illness or frailty, severe illness, pregnancy, or upcoming important exams, it may happen that tenants do not have to move out if these reasons outweigh those for personal use. To make use of this regulation, tenants can object in text form within the two-month period. It often depends on the individual case whether an unreasonable hardship exists: This usually has to be decided by a court.

What Rights Do Tenants Have After an Unjustified Termination Due to Personal Use?

If landlords have unjustifiably claimed personal use with a false reason and the tenants have moved out as a result, they may be entitled to compensation, for example, for moving costs. This would be the case, for example, if not a relative of the landlord but a new tenant moves into the apartment. If the landlord unexpectedly no longer needs the apartment before the end of the termination period because the daughter's place of study has changed at short notice, he must inform the tenant. The tenant can then demand the continuation of the rental agreement.

(Red)

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