Can the landlord evict me for personal use?
Yes, but only under conditions. An owner's-use termination is allowed under § 573 BGB if the landlord needs the flat for himself, family members or members of his household. The notice must be written and specifically reasoned (for whom, why) and meet the statutory notice periods (3 to 9 months, by tenancy length). The need must be genuine and plausible — a faked personal-use claim leads to damages. You can object on hardship grounds under § 574 BGB (e.g. old age, illness, no replacement housing).
📋 The rules
- Allowed for himself, family or household members (§ 573 BGB)
- The notice must be written and specifically reasoned
- Periods: 3 months (up to 5 yrs), 6 (up to 8), 9 (over 8 yrs tenancy)
- The need must be genuine — a faked claim leads to damages
- The tenant can file a hardship objection (§ 574 BGB)
🔓 Exceptions
- In cases of special hardship (age, illness, pregnancy, no reasonable replacement) the tenant can demand continuation
- Blocking periods after conversion to ownership (often 3, regionally up to 10 years) delay the notice
- The close-relative circle is limited — distant relatives/purely economic reasons don't suffice
⚠️ Penalties & fines
If a faked personal-use claim is exposed (the flat is re-let or sold instead), the tenant can claim damages — moving, agent and extra costs, sometimes considerable. A formally flawed or unfounded notice is void. If the tenant files a timely hardship objection, the court decides in a dispute whether the tenancy continues.
📎 Official sources
- § 573 BGB · Ordinary termination by the landlord →
- § 574 BGB · Tenant's objection (hardship) →
- German Tenants' Association · Owner's-use termination →
❓ Frequently asked
When can the landlord terminate for personal use?
If he genuinely needs the flat for himself, family members or members of his household. The notice must be in writing and state specifically for whom and why the need exists.
What notice periods apply?
The statutory periods depend on the tenancy length: 3 months up to 5 years, 6 up to 8 years, 9 over 8 years. Special protection or conversion to ownership can add blocking periods.
Can I object to the termination?
Yes, with a hardship objection under § 574 BGB. If there's special hardship — old age, illness, pregnancy or no reasonable replacement housing — you can demand the tenancy continue.
What is a faked personal-use claim?
When the landlord only pretends personal use and then re-lets or sells the flat. If exposed, you can claim damages — moving, agent and extra costs for the more expensive replacement flat.
Is an economic interest enough?
No. Pure profit or realisation motives don't justify personal use. The landlord (or a favoured close person) must really need the flat to live in.
🔎 Common searches
What people search to land here:
- “owners use eviction conditions”
- “owners use notice period”
- “hardship objection 574”
- “faked personal use damages”
- “owners use which relatives”
- “landlord terminates personal use”