Fight Eigenbedarf Termination: 4 Reasons It May Be Invalid

The Letter Every Tenant Dreads

It usually comes without warning: a letter from your landlord in the mailbox. Termination due to Eigenbedarf — personal use. The apartment you've been living in for years is suddenly needed for the landlord's son, mother, or niece.

Take a breath. An Eigenbedarf termination isn't automatically valid — and even when it is, you have more rights than the letter probably suggests.

What Eigenbedarf Means — and What It Doesn't

A landlord may terminate for Eigenbedarf when they need the apartment for themselves, family members, or members of their household (Section 573(2) No. 2 BGB).

Family under the law:

• Children, parents, grandparents, grandchildren
• Siblings (BGH, judgment of 27.01.2010 — VIII ZR 159/09)
• Spouse, registered partner
• Nieces and nephews (BGH, judgment of 27.01.2010 — VIII ZR 159/09)
• Live-in care workers

Eigenbedarf does NOT apply when:

• The apartment is only meant to be used occasionally as a second home or holiday flat
• The landlord actually wants to re-rent at a higher price and uses Eigenbedarf as a pretext
• The need isn't foreseeable at the time of termination ("maybe my son will move out next year")

Formal Requirements — Where Many Terminations Fail

An Eigenbedarf termination must be in writing and include three things:

1. Who needs the apartment — by name
2. Why that person needs it — the specific reasons
3. Notice period — depends on how long you've been a tenant:
   • Up to 5 years: 3 months
   • 5 to 8 years: 6 months
   • Over 8 years: 9 months

If even one of these elements is missing, the termination is formally invalid. The BGH has confirmed this consistently: the tenant must be able to understand the situation well enough to decide whether to contest it (BGH, judgment of 06.07.2011 — VIII ZR 317/10).

A particularly common mistake: the landlord simply writes "Eigenbedarf" without providing specific circumstances. That's not enough.

Fake Eigenbedarf — The Big Problem

It's the open secret of German rental law: not every Eigenbedarf claim is genuine. Some landlords want to renovate and re-rent at a higher price. Others want to get rid of an inconvenient tenant.

If it turns out after you've moved out that the Eigenbedarf was fabricated, you're entitled to damages (BGH, judgment of 10.06.2015 — VIII ZR 99/14):

• Moving costs
• Broker fees for the new apartment
• Rent difference (if the new place is more expensive) — potentially for several years
• Renovation costs in the old apartment that you wouldn't have incurred without the termination

This can quickly reach five figures. And the BGH has clarified: the landlord must prove that the Eigenbedarf was genuine — not the tenant that it was fake.

Warning signs of fake Eigenbedarf:

• The apartment appears on property portals shortly after you move out
• The named family member doesn't move in, or stays only a few weeks
• The landlord offers you a payout to leave faster
• Other tenants in the building have already been terminated for Eigenbedarf

Your Most Important Right: Hardship Objection

Section 574 BGB gives you a strong line of defense: you can object to the termination if moving out would constitute an unreasonable hardship for you, your family, or your household members.

Recognized hardship grounds:

• Old age and long tenancy — especially for tenants over 80 who have lived in the apartment for decades (BVerfG, decision of 17.06.2020 — 1 BvR 1134/15)
• Serious illness — if moving would significantly worsen a health condition. Since 2019, the BGH requires a concrete assessment, if necessary through a medical expert opinion (BGH, judgment of 22.05.2019 — VIII ZR 180/18)
• Pregnancy or small children
• Upcoming exams (students, school pupils)
• No equivalent replacement housing available — especially relevant in tight markets like Berlin, Munich, or Hamburg

Important: You must file the objection in writing, no later than two months before the termination date. The landlord must inform you of this right in the termination letter — if they don't, you can file the objection later.

Special Case: Blocking Periods After Conversion

If your rental apartment was converted into a condominium (Eigentumswohnung) and then sold, a blocking period of at least three years applies (Section 577a BGB). In many cities — Berlin, Hamburg, Munich, and others — it's ten years. During this period, the new owner cannot terminate for Eigenbedarf.

What to Do Now

If you've received an Eigenbedarf termination:

1. Stay calm. You have time. The notice period is running, and you can file a hardship objection up to two months before the termination date.
2. Check the termination. Are all formal requirements met? Is the stated need convincingly explained?
3. Assess hardship grounds. Are there circumstances that justify an objection?
4. Don't sign anything. No termination agreement, no settlement, until you understand your position.
5. Get advice. Tenant association or specialist lawyer — when it's about your home, professional help matters.

Not Sure if the Termination Is Valid?

An Eigenbedarf termination is one of the most stressful moments in a tenant's life. Much of it sounds threatening but is actually contestable — missing justification, unrealistic deadlines, questionable beneficiaries.

This is exactly why we built MieterHelfer. Many tenants react too quickly out of fear — signing a termination agreement or moving out when the notice wouldn't have held up. An initial assessment can take a lot of pressure off.

Describe your situation — who's terminating, with what justification, how long you've lived there — and MieterHelfer checks the key points: Is the notice period correct? Are the formal requirements met? Could hardship grounds apply?

Free, no registration, immediate. MieterHelfer isn't legal advice — but it helps you understand your position before making a decision.