📨 Termination by the landlord and personal use

When the landlord may terminate, which notice period applies and what you can do in a personal-use case.

termination personal use (Eigenbedarf) legitimate interest notice period objection written form bar on termination

In brief

A landlord may not simply terminate a rented flat. He needs a legitimate interest. He must send the termination in writing and state the reason. Termination merely to raise the rent is not allowed.

One reason is personal use (Eigenbedarf). That means: he needs the flat for himself, family members or members of his household.

The landlord's notice period is three months. After five years of tenancy it is six months, after eight years nine months.

You can object if the termination would be a particular hardship for you. The objection must be made at the latest two months before the end of the tenancy.

Do not move out immediately. Have the termination checked.

Step by step

Check form and reasonIs the termination in writing? Is the reason stated? Has the notice period been observed?
Consider an objectionIf there is a ground of hardship, object in text form and give reasons.
Get adviceGo quickly to a tenants' association (Mieterverein) or to legal advice.
Do not move out earlyYou do not have to move out before a court has decided.

Deadlines

3 / 6 / 9 months

Landlord's notice period (basic period 3 months; 3 months more after 5 and 8 years respectively)§ 573c Abs. 1 BGB

2 months before the end

Tenant's objection to the termination, in text form§ 574b Abs. 2 BGB

3 years

Bar on termination after conversion into owner-occupied flats and sale (states can extend it up to 10 years)§ 577a BGB

Watch out – common mistakes

The termination must be in writing and give reasons (§§ 568, 573 Abs. 3 BGB).
The landlord should point out your right to object. If the notice is missing, you can still object at the first court hearing.
Shortening notice periods to the tenant's detriment is invalid (§ 573c Abs. 4 BGB).
Whether personal use really exists is often disputed. Have it checked.

In depth · legal basis, figures and practice – for advisers and professionals

Legitimate interest, § 573 BGB

The landlord can terminate only if he has a legitimate interest in ending the tenancy. Termination for the purpose of raising the rent is excluded. Under para. 2 no. 2 a legitimate interest exists if he needs the premises as a home for himself, his family members or members of his household. The reasons must be stated in the termination letter (para. 3); reasons that arose later are taken into account only insofar as they arose subsequently.

Form and period, §§ 568, 573c BGB

Termination requires written form. The tenant's notice period is three months. For the landlord it is extended by three months each after five and eight years since the residential premises were handed over.

Social clause, §§ 574, 574b BGB

The tenant can object to the termination if ending the tenancy would mean hardship for him, his family or members of his household that cannot be justified even taking the landlord's legitimate interests into account. The objection requires text form and must be declared at the latest two months before the end. The Federal Court of Justice has most recently clarified the requirements for the hardship assessment. Judgment of 16 April 2025 (VIII ZR 270/22): a specialist medical certificate is not mandatory; another medically qualified practitioner can also evidence the hardship (§ 574 Abs. 1 Satz 1 BGB). Decision of 28 October 2025 (VIII ZR 17/25): courts may not disregard an expert opinion on fitness to move (right to be heard).

Bar period after conversion, § 577a BGB

After conversion into condominium ownership and sale, the buyer can rely on personal use for termination only after three years. In areas with housing shortages the states can extend the period by ordinance (up to ten years).

Who is responsible

Tenants' association (Mieterverein)
Local court (Amtsgericht) at the location of the flat
Lawyer specialising in tenancy law (if applicable legal advice assistance, Beratungshilfe)

Quick questions

Worum geht es bei „Termination by the landlord and personal use“?

When the landlord may terminate, which notice period applies and what you can do in a personal-use case.

Which deadlines and figures matter?

3 / 6 / 9 months: Landlord's notice period (basic period 3 months; 3 months more after 5 and 8 years respectively) (§ 573c Abs. 1 BGB)
2 months before the end: Tenant's objection to the termination, in text form (§ 574b Abs. 2 BGB)
3 years: Bar on termination after conversion into owner-occupied flats and sale (states can extend it up to 10 years) (§ 577a BGB)

What should I do first?

Check form and reason: Is the termination in writing? Is the reason stated? Has the notice period been observed?
Consider an objection: If there is a ground of hardship, object in text form and give reasons.
Get advice: Go quickly to a tenants' association (Mieterverein) or to legal advice.

What do I need to watch out for?

The termination must be in writing and give reasons (§§ 568, 573 Abs. 3 BGB).
The landlord should point out your right to object. If the notice is missing, you can still object at the first court hearing.
Shortening notice periods to the tenant's detriment is invalid (§ 573c Abs. 4 BGB).

Evidence

Bundesministerium der Justiz, Gesetze im Internet, § 573 and § 573c BGB, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet, § 568, § 574, § 574b, § 577a BGB, retrieved 20 September 2026
Bundesgerichtshof, judgment of 16 April 2025 – VIII ZR 270/22 (certificate, § 574 Abs. 1 S. 1 BGB) and decision of 28 October 2025 – VIII ZR 17/25 (expert opinion, right to be heard), retrieved 20 September 2026

As of

September 2026 · Sources and method

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