Termination for personal use: justifying a hardship objection correctly

Even if a termination for personal use is effective, you do not always have to move out: if the loss of the apartment would mean a particular hardship for you or your family, you can object to the termination and demand the continuation of the tenancy (social clause).

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Your chances of getting your money back

If moving out means a hardship that cannot be justified even when weighing the landlord's interests, you can object to the termination and demand continuation (§ 574 BGB).

Grounds of hardship are, for example, old age, serious illness, pregnancy, disability, lack of replacement housing or a particularly deep rootedness. The objection must be made in the proper form and on time.

What you should do now

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1. Check the termination for formal errors
The termination itself must justify the personal use specifically (for whom, why). If this is missing, it is often invalid.
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2. Gather grounds of hardship
Compile evidence: medical certificates, proof of unsuccessful apartment search, age, social ties.
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3. Object on time
The objection must reach the landlord in writing at the latest two months before the end of the tenancy. Refer to the social clause.
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4. Demand continuation
Demand the continuation of the tenancy, for a fixed or indefinite term, depending on the situation. In a dispute the court decides on the weighing.

How to spot the scam

The termination names no specific ground of personal use or no person.
The landlord pressures you with a very short deadline.
There are signs that the personal use is only pretended.

Frequently asked questions

What counts as a hardship?

For example old age, serious illness or disability, pregnancy, lack of reasonable replacement housing or a very long residence with deep rootedness. Decisive is a weighing against the interests of the landlord (§ 574 BGB).

By when must I object?

The objection must reach the landlord in writing at the latest two months before the end of the tenancy, provided they informed you of the right of objection. Do not wait until the last moment.

What happens after the objection?

If you do not reach agreement, the court decides whether and for how long the tenancy is continued. It weighs your hardship against the landlord's interests in personal use.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.