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Received an own-use termination? How to check it

Your landlord terminates for own use? This is generally possible, but tied to strict conditions. A blanket or pretextual own-use termination is ineffective. It is worth looking closely.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check the termination / object

Your chances of getting your money back

Own use must be specifically justified: for which person and for what understandable reason the apartment is needed (§ 573 Abs. 2 Nr. 2 BGB). If that is missing, the termination is open to challenge.
You have statutory notice periods (staggered by tenancy duration, § 573c BGB) and can object in cases of special hardship (§ 574 BGB), for example old age, illness, a lack of replacement housing.

What you should do now

  1. 1

    1. Check the justification

    Does it specifically state who is moving in and why? Blanket or contradictory justifications are a starting point.

  2. 2

    2. Check the deadlines

    The notice period depends on your tenancy duration (3, 6 or 9 months). A period that is too short makes the termination ineffective.

  3. 3

    3. Check for hardship

    If a special hardship exists (health, age, being rooted, no replacement housing), you can object to the termination in writing (§ 574 BGB).

  4. 4

    4. Get advice

    Own use is complex; a tenants' association or a lawyer can assess the chances of success. Advice aid can cover the costs.

Frequently asked questions

Is an own-use termination always effective?

No. It must be specifically justified and meet the deadlines. A merely pretextual own use (that never materializes) can even trigger damages. Check the justification, deadline and hardship carefully.

How long do I have to move out?

The statutory notice period is 3, 6 or 9 months depending on tenancy duration (§ 573c BGB). In cases of special hardship you can additionally object and possibly achieve an extension.

Take action now

We put together the ready-made texts and the right places to contact for you.

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.