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Termination for owner's own use: how tenants should respond

A termination for owner's own use (Eigenbedarf) often catches tenants off guard. Many are formally flawed — and even a valid one can fail on hardship grounds. React quickly and in writing.

Updated August 2026 · 6 minutes read

Worried couple on a sofa reading a termination letter from their landlord

What a valid termination needs

  • Written form signed by the landlord (§ 568 BGB) — email is not enough.
  • Specific reasons (§ 573(3) BGB): who will move in and why.
  • Eligible persons: landlord, family or household members (§ 573(2) no. 2 BGB).
  • Correct notice (§ 573c BGB): three months, six after five years, nine after eight years.

If the flat was converted into a condominium after you moved in, a blocking period of three years, in some cities up to ten, often applies (§ 577a BGB).

The hardship objection (§ 574 BGB)

Even with genuine own use, you can object if moving out would be an unreasonable hardship — old age, serious illness, pregnancy, children finishing school or no replacement housing. The objection must be in writing and reach the landlord at least two months before the tenancy ends (§ 574b BGB).

Tenancy agreement, calendar with a circled date and a reply letter being signed
Note deadlines, check the reasons and object in writing.

Sample text

Dear [landlord],
I object to your termination of [date] for own use. [The termination lacks sufficient reasons because …] Alternatively I rely on § 574 BGB: ending the tenancy would be an unjustifiable hardship for me because [reasons]. I request continuation of the tenancy for an indefinite period.
Yours sincerely

More tips

  • Don't sign a termination agreement under time pressure.
  • Get advice from a tenants' association or tenancy lawyer.
  • If the own use later turns out to be faked, you can claim damages.

Send by Einwurfeinschreiben. Template: letter to landlord.

Note: This article is not legal advice.

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