When may a landlord give notice for personal use?

Personal use (Eigenbedarf) is the most common ground for termination under German tenancy law — but not every justification stands up. What the landlord must prove, and how to defend yourself.

A notice of termination for personal use (Eigenbedarf) strikes at your own home — and the reasoning in the termination letter often sounds plausible, yet on closer inspection often is not. The landlord may only give notice if they, a family member, or a member of their household genuinely need the flat as living accommodation for themselves (section 573(2) no. 2 of the German Civil Code, BGB). Whether that is actually true in your case, and whether the termination is formally correct, is worth checking in almost every case.

How I can help you

• Checking whether the stated grounds for personal use are specific and plausible
• Checking the formal validity of the termination (deadline, receipt, written form)
• Checking for abuse of rights or a “reserve” termination made just in case
• Representation in eviction proceedings before the Ebersberg Local Court
• Negotiating a period for vacating the property where a termination is valid

Where a personal-use termination often fails

The law requires more than the bare assertion that the flat is needed. The termination notice must state, specifically and plausibly, the person for whom the need exists and the reason for that need — generic wording is not enough. Typical points of attack that I check in every case:

• Is the person said to benefit actually a family member or household member within the meaning of the provision?
• Is the stated need plausible – does the size of the flat match the claimed use?
• Did the need already exist before the tenancy agreement was concluded, without the landlord informing you?
• Was there a comparable vacant flat in the same building available to the landlord?
• Are the notice period and its receipt formally correct?

Any one of these points alone can be enough to defeat a termination, or at least to buy time.

If it comes to an eviction claim

If the landlord maintains the termination, a dispute will, in the end, go to court. Eviction claims relating to rented property in the Ebersberg district are heard by the Ebersberg Local Court – I represent you there as well as in the Rosenheim/Wasserburg area, assess your prospects of success realistically, and discuss with you the possibility of an amicable solution with a reasonable period for vacating the property. More on this on the Real Estate Law page.

On costs: legal expenses insurance frequently covers the costs of a tenancy dispute – I handle the request for cover on your behalf.

Don’t respond hastily to a personal-use termination by agreeing to move out – having it checked costs you nothing more than a conversation to begin with.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-30.

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