Living space is in short supply in many German cities. Prospective tenants flock to viewings, bring application folders and in most cases have to continue their search. And even landlords sometimes find themselves in a situation where they need additional living space. In such cases, however, the tenant can only be given notice to quit if they give proper notice of their own requirements.
What needs to be considered?
If the landlord wishes to register personal use for a house or flat, it must first be clear for whom he is doing so. The legislator has allowed a relatively wide scope for this: in addition to the landlord himself, first, second and third-degree relatives are generally eligible - i.e. children, parents and grandparents, but also siblings, nieces, nephews or parents-in-law. Personal use may also be permitted for persons outside the family, for example if the landlord is dependent on a carer and this person is to live in the immediate vicinity.
The declaration of personal use is one of the major exceptions when it comes to tenants' protection against dismissal. Once a tenancy agreement has been concluded, the landlord can give notice of personal use at any time. He must observe a deadline, namely that the notice of termination must be demonstrably delivered by the third working day of a month so that it becomes valid at the end of the month after next. If the tenant has already lived in the property for five or eight years, the deadline is extended by three months in each case - in the worst case, the landlord must therefore expect a waiting period of nine months.
To be effective, the notice of termination must contain the cause or reason. The landlord should clearly and comprehensibly justify his claim for personal use. There are also situations in which the landlord's stated need for accommodation does not stand up in court. For example, if a physically impaired person wants to move into an attic flat without a lift. Or if a flat of 100 square metres or more, for example, is intended for a child who is currently in education - this is referred to as an oversized housing requirement. Even if the property is planned as a second or holiday home, the landlord should specify the expected period of use in as much detail as possible.
And the tenants?
For tenants, the notification of personal use by the landlord does not necessarily mean that they have to leave their flat. There have already been various court rulings in which the landlord's legitimate interest was recognised, but the tenant's protection prevailed. However, this requires a special case of hardship, which is usually only the case for elderly or sick people.
If a tenant of advanced age has lived in a flat for decades and also has many social contacts, such uprooting can be unacceptable. The same applies to sick people who live close to doctors or therapists. Or if a move would further impair their health. However, a certificate from the family doctor is not enough: An expert must draw up a report for the court. However, if the expert concludes that there is no case of hardship, the tenant is left with additional costs.
