What is an Eigenbedarfskündigung (termination for own use)?
Eigenbedarfskündigung means that the landlord terminates the tenancy agreement because he himself or a close relative urgently needs the rented flat as living space.
This is a legally recognised reason for termination, but it is subject to strict conditions in order to protect tenants from abuse.
Which relatives are covered?
The law generally includes:
children and parents
grandparents and grandchildren
brothers and sisters
in some cases other close family members, if a close personal relationship can be demonstrated
What are the conditions for termination due to own use?
1. Detailed explanation of the housing need
In the notice of termination, the landlord must clearly and plausibly explain why the flat is needed, for example:
“I wish to use the flat for my son, who will be moving to this city to study.”
2. Seriousness of the need
The housing need must be genuine and serious.
It must not simply be a pretext to evict the tenant or later re-let the flat at a much higher rent.
3. Observing the statutory notice periods
The notice period depends on the duration of the existing tenancy:
Tenancy less than 5 years: notice period 3 months
Tenancy between 5 and 8 years: notice period 6 months
Tenancy more than 8 years: notice period 9 months
Tenant’s rights
Objection on grounds of hardship (Härtefallregelung)
The tenant may object to the termination or request an extension of the tenancy if there is a special hardship (Härtefall), for example:
old age or serious illness
particular difficulty in finding alternative accommodation in the same area
special family circumstances (small children, disability, need for care, etc.)
In such cases, the court decides whether, in the individual situation, the tenant’s interests outweigh the landlord’s interest in using the flat himself.
Compensation
There is no automatic statutory right to compensation.
However, in practice the parties often negotiate a voluntary payment to make it easier for the tenant to move out and to avoid conflict.
What if the alleged housing need is not genuine?
If it later turns out that the landlord did not actually use the flat for the stated person or purpose, the former tenant may claim financial damages.
In such a case, the court may consider this an abuse of the right to terminate, with legal and financial consequences for the landlord.
Practical tips for tenants
Check the wording of the notice of termination very carefully.
Contact a tenants’ association (Mieterverein) or a lawyer specialised in tenancy law immediately after receiving the notice.
Do not sign any agreement (such as a termination agreement or waiver) without prior legal advice.
Collect documents and evidence about your social, health and family situation if you intend to rely on hardship grounds.
Practical tips for landlords
Provide clear, truthful and well-founded reasons for the notice of termination and support your explanation with concrete facts.
Observe all statutory notice periods and do not apply unlawful pressure on the tenant.
Try to communicate openly and respectfully and look for an amicable solution to avoid long and costly court proceedings.
Conclusion
Termination for own use (Eigenbedarfskündigung) is a legitimate legal instrument, but it is accompanied by strict rules designed to protect tenants from arbitrary eviction.
A good understanding of the rights and obligations on both sides helps landlords and tenants handle such situations wisely and avoid complex legal disputes wherever possible.
The editorial team of this website strives, through thorough research and consultation of several sources, to provide accurate and reliable information. However, errors or uncertainties can never be ruled out completely. The information in this article should therefore be regarded as an initial, non-binding guide. For legally binding advice tailored to your individual situation, please always contact the competent authorities or qualified professionals.
