When can personal use be claimed?

Own use exists if a landlord wishes to use the rented apartment himself or make it available to a family member or a member of his own household. The regulations on this can be found in § 573 Para. 2 No. 2 BGB. Only those who are entered in the land register as the owner of the property at the time of termination may register their own use. This means that the declaration of personal use cannot be made for a buyer, for example. If the buyer wishes to terminate the tenant’s tenancy for personal use, they must do so themselves as soon as ownership has been transferred to them. For reasons of tenant protection, the landlord must have a valid reason for personal use. This must be set out in writing in the notice of termination in order to ensure legality. A feigned personal requirement is not legal.

In principle, the landlord is responsible for registering personal use. If a related person is to use the apartment, the degree of kinship is decisive. In principle, the higher the degree of kinship, the easier it is for the landlord to recognize the termination due to personal use. In the case of closer relatives, such as children, parents or siblings, no proof of a special relationship to the landlord is required. For cousins or great-nephews and great-nieces, however, this must be provided. Household members include descendants from the previous relationship of a non-marital partner or people who are employed to provide domestic care and live in the household. Anyone who buys an apartment can and may give notice of termination for personal use after the purchase.

The applicable notice periods for terminating a tenancy for personal use depend on the duration of the previous tenancy. If this is between 0 and 5 years, the notice period is 3 months. If the tenancy has been in place for 5 to 8 years, it is extended to 6 months and from 8 years, a 9-month notice period applies. The notice period for personal use is also valid after the change of ownership. Once the date of termination has been determined, the letter of termination must be drawn up. This must be in writing and state the exact reasons. A reference to personal use is not sufficient. The notice of termination must be delivered to the tenant by the third working day of the current month in order to be effective at the end of the month after next.

In order to ensure tenant protection, there are a few things to consider when giving notice of personal use. If a landlord already knows at the start of the tenancy that he wants to give notice of personal use, he must announce the personal use in the tenancy agreement. In addition to the notice period for personal use, the completeness of the letter must be taken into account. It should include details of the person who needs to move out and the nature of the landlord’s relationship with them. In addition, the landlord must give precise reasons for the need for accommodation, such as a change of job, caring for relatives or an intention to separate from the spouse. A pretended personal need can lead to the invalidity of the claim. A reference to the right of objection must be included. If the landlord has an alternative apartment, he is obliged to offer this to the tenant. Reasons must also be given as to why this alternative apartment is not suitable for the landlord or the tenant. For the termination to be effective, it must be proven that the tenant has received it. It is therefore advisable to send it by registered mail or hand it over directly in person in the presence of a witness.