Notice of owner occupancy: what rights does the landlord have?

The termination of own use is a topic that affects landlords and tenants alike. This is a termination of the lease by the landlord because he needs the apartment himself. This cancellation is legally permissible in Germany, but cannot be used at will.

The landlord may only give notice of termination if he has a legitimate interest in the apartment. This primarily includes the user’s own needs or the needs of family members. The landlord must be able to explain and prove in detail the reasons for terminating the owner’s own need.

For the tenant, a termination of own use is often an unpleasant situation, because he must look for a new apartment and adjust to changes in his life. However, the tenant also has rights that he can assert against the landlord. These include such things as a reasonable notice period and the ability to continue to occupy the home under certain circumstances.

In this article, we take a closer look at the rights and obligations of landlords and tenants in connection with the notice of own need. Practical tips are also given on how tenants and landlords can best proceed in such situations.

The notice of own need: What is it?

A notice of termination for own use is a notice of termination on the part of the landlord, in which he terminates the tenancy because he wants to use the apartment himself. In other words, the landlord can terminate the tenancy due to own need if he either wants to move into the apartment himself or wants to rent the apartment to close relatives such as spouses, children or parents.

Such a termination is not only very unpleasant for the tenant, but can also be legally complicated. In fact, the landlord must prove that he actually wants to use the apartment himself or rent it out to close relatives. However, the rights of the tenant may not be disregarded in this case.

In order to protect the rights of the tenant in the event of a notice of termination for own use, the legislator has made some regulations. For example, the landlord must give a reasonable period of notice and offer the tenant a replacement apartment if the tenant so desires. In some cases, the tenant can even object to the notice of termination and thus continue the rental relationship.

• Conclusion: A notice of own need is a common means for landlords to terminate the tenancy if they want to use the apartment themselves or rent it out to close relatives. However, it is essential to preserve the tenant’s rights in order to ensure that the termination is lawful.

What requirements must be met for a notice of termination of owner occupancy?

The landlord is only permitted to terminate the tenancy for personal use under certain conditions. First of all, three conditions must be met:

• The landlord must have a legitimate interest in giving notice of termination.
• There must be no other way to realize the landlord’s interest.
• The tenant must not be unreasonably burdened by the termination.

A legitimate interest can exist, for example, if the landlord needs the apartment for himself or for relatives. It should be noted, however, that the closer the family member is related to the landlord, the higher the weighting of the landlord’s interest.

The notice of termination must be received by the tenant at least three months before the intended termination date. If the notice of termination is given later or not sent to the tenant, it is invalid. In addition, the landlord must state the reasons for the termination in detail and also give comprehensible reasons for it.

If the tenant does not agree with the termination, he can file a lawsuit with the competent court within two months after receiving the termination notice. If he does not file a complaint within this period, the termination is effective and the tenant must vacate the apartment.

In any case, landlords should proceed with caution when terminating the tenant’s own use and, at best, seek legal advice. Because an incorrect termination can quickly lead to high claims for damages.

Rights of the tenant in the event of termination due to own use

If the landlord terminates an apartment due to own need, this has serious consequences for the tenant. As a rule, however, the tenant can claim certain rights.

• Right to continue living: The tenant can demand that a comparable apartment be made available to him or her under comparable conditions.
• Right to damages: If the landlord has feigned personal need or the tenant suffers considerable damage as a result of the termination, damages can be claimed.

However, the tenant has no chance to challenge the termination due to own use if the own use actually exists.

What rights does the landlord have in the event of a notice of termination for own use??

The landlord also has certain rights when terminating the tenancy due to own need. For example, he may actually occupy the apartment himself or rent it out to family members. In addition, he is usually not obliged to provide the tenant with a replacement apartment.

Under certain circumstances, however, the landlord may be forced to find the tenant a replacement apartment or pay him damages. This is the case if the landlord has only feigned own need or the tenant is in distress as a result of the notice of termination.

In principle, however, the landlord has the right to terminate the tenant’s own use of the property and can generally enforce a termination of the tenant’s own use if he fulfills the legal requirements.

Rights of the landlord in the event of termination for own use

The notice of own need is an instrument available to landlords in Germany to use their property themselves or to rent it out to close relatives. However, this notice must meet certain legal requirements.

First, the landlord must prove that he actually needs the apartment himself. A mere declaration of intent is not sufficient for this purpose. There must be concrete plans to take possession of the apartment without delay.

If the landlord has fulfilled the legal requirements, he can give the tenant notice of termination of own need. In this case, the tenant has the right to appeal to the competent court within three months of receiving the notice of termination. However, this objection can only be successful for certain reasons, such as health or social concerns.

If the tenant’s objection is unsuccessful, he must vacate the apartment within a certain period of time. If he fails to meet this deadline, the landlord may seek court assistance.

• Summary:
• Landlords must have concrete plans to take possession of the apartment
• The tenant’s objection can only be successful for certain reasons
• Tenants must vacate the apartment within a certain period of time