Your landlord wants the flat back for personal use. What now?

5 min read · Updated 10 September 2026 · Written for English speakers dealing with German law

An Eigenbedarfskündigung says your landlord needs the home for personal use. It can end a tenancy, but the label alone does not establish that the notice is valid. Check the reason, the proposed end date and your opportunity to object before agreeing to move out. Keep the letter and record when it reached you.

This guide covers ordinary personal-use termination of an indefinite residential tenancy. Fixed terms, temporary accommodation and some homes shared with the landlord need a separate assessment. If you already have court papers, have their deadlines checked promptly.

1. What personal use means

German law recognizes a landlord's need for the rooms as a home for themselves, a family member or a member of their household as a possible legitimate reason to terminate. The reasons must appear in the termination letter. Wanting a higher rent is not a valid purpose for termination under § 573 BGB.

Read the explanation carefully: who is meant to move in, and what need is described? Collect any earlier messages that appear to contradict it. Whether that person's relationship and proposed use qualify needs an assessment of the actual facts; neither your suspicion nor the landlord's heading settles it.

2. Check the notice and its end date

Termination requires written form under § 568 BGB. Have the complete notice checked, including who sent and signed it and which tenants it addresses. Save the envelope and any evidence of delivery as well as the letter.

For an ordinary residential tenancy, § 573c BGB generally allows notice received by the third working day of a month to end the tenancy at the end of the month after next. The landlord's period extends by three months after five years from handover of the home, and by another three after eight years. These are often called the three-, six- and nine-month periods; they are not simply 90, 180 or 270 days from the date printed on the letter.

A review should also check contractual protection and special circumstances. For example, a flat converted into separately owned condominium property and then sold can have an additional statutory protection period under § 577a BGB. Conversely, an owner-occupied building with no more than two flats may fall under the different termination route in § 573a BGB. A generic notice-period calculation cannot decide these questions.

3. When moving would cause hardship

Even where a landlord has a valid reason, a tenant can seek continuation of the tenancy if ending it would cause hardship for the tenant, their family or another household member that is unjustified after weighing the landlord's legitimate interests. § 574 BGB expressly includes being unable to obtain suitable alternative housing on reasonable terms. This protection does not apply where grounds for extraordinary termination without notice exist.

Keep a dated record of your housing search: applications, replies, available rents and reasons a property would not meet your household's needs. If health or care needs are relevant, gather evidence explaining how a move would affect you. A hardship objection is assessed individually; it does not guarantee a permanent right to stay.

4. The separate objection deadline

A hardship objection under § 574b BGB must be in text form and generally reach the landlord at least two months before the tenancy is due to end. Keep a copy and evidence of receipt. The landlord can request prompt information about the reasons.

If the landlord did not give timely information about the possibility, form and deadline for objecting, the law allows the objection as late as the first hearing in an eviction case. Have this exception checked rather than assuming it applies. The objection deadline and the tenancy end date are two different dates; challenging the notice's validity and raising hardship are also different arguments.

5. What to prepare for a review

  • The tenancy agreement, amendments and date the home was handed over.
  • The entire notice, envelope and the date and method of receipt.
  • Earlier messages about the landlord's plans and any proposed move-out agreement.
  • Your household circumstances, housing-search record and relevant supporting evidence.
  • Any objection already sent, delivery evidence and any court papers.

A useful first question is: “Is this notice valid, and what must I do by which date?” Request an English-speaking housing lawyer to review your situation. Matching depends on availability and does not itself preserve a deadline. If the tenancy is ending, our separate deposit guide covers the money left with the landlord.

Primary sources checked on 10 September 2026. The linked provisions are the German statutory text; the explanations here are general information.

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Everything above is general. To have it applied to your own situation, we match you with an English-speaking tenant lawyer in Germany — the first consultation is free.

General information, not legal advice. German tenancy law turns on details — what the contract says, what was recorded at handover, and the dates on the notices you were sent — and none of that can be judged from an article. An admitted lawyer (Rechtsanwalt) can tell you what applies to you.