📄 Termination and own use
In brief
You may only terminate if you have a legitimate interest. This must be stated in the termination letter.
- Own use: you need the flat for yourself, family members or members of your household.
- Not permitted: terminating in order to obtain more rent.
- The notice period is three months, six after five years of tenancy, nine months after eight years.
- After the sale of a converted flat, a waiting period of three years applies for own use.
Step by step
- Check the reasonIs there own use or another legitimate reason?
- State the reasonGive the reason specifically in the letter.
- Calculate the deadlineTermination at the latest on the third working day of a month, effective at the end of the month after next; periods lengthen with the length of tenancy.
- Get adviceHave the termination checked before sending it.
Deadlines
- The reason for termination must be in the letter; reasons that arise later can be taken into account.
- The tenant can object (hardship clause, § 574 BGB); not covered in depth here.
- State waiting-period ordinances were not researched.
In depth · legal basis, figures and practice – for advisers and professionals
Legitimate interest, § 573 BGB
The landlord can only terminate if they have a legitimate interest in ending the tenancy. A legitimate interest exists in particular where the tenant is culpably in breach of duty to a not insignificant extent, in the case of own use (housing for themselves, family members or members of the household), or where continuation would prevent reasonable economic exploitation and cause considerable disadvantages. Terminating to obtain a higher rent, and relying on conversion into condominium ownership, are not sufficient. The reason must be stated in the termination letter.
Deadlines, § 573c BGB
Termination is permitted at the latest on the third working day of a calendar month, effective at the end of the month after next. For the landlord the period is extended by three months each after five and after eight years from handover. Agreements to the contrary to the tenant's disadvantage are invalid.
Waiting period, § 577a BGB
If condominium ownership was established in let housing after it was handed over to the tenant and the flat was sold, the purchaser can only rely on an interest under § 573 Abs. 2 Nr. 2 or 3 after three years from the sale have elapsed. The state governments can designate areas where housing supply is at risk in which the period is up to ten years. The rule exceptionally does not apply to family or household members who acquire together.
State law (sample BY/NRW/BE)
Sample, not complete, state law differs. The states determine the extended waiting period under § 577a Abs. 2 BGB. Bavaria: The Tenant Protection Ordinance (from 1 January 2026) provides for up to ten years in the municipalities covered (BayMBl. 2025 Nr. 558; allocation per municipality not checked). North Rhine-Westphalia: eight years instead of three in the 57 municipalities of the Tenant Protection Ordinance (MHKBD NRW). Berlin: ten years across the whole city area under the Kündigungsschutzklausel-Verordnung of 13 August 2013; the BGH has declared it valid. Current validity and text of the ordinance not checked in full text (only secondary sources and search hits).
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