Personal use is an important reason why landlords can terminate a tenancy agreement. This allows landlords to use the rental property themselves or pass it on to a close relative. In this blog article, we will look at how landlords can best register their own use of a rental property.
Note: The following article is for general guidance only. For binding legal advice in the area of tenancy law, we strongly recommend consulting a specialised lawyer. We will be happy to put you in touch with the right lawyers in our region.
What are valid reasons for a personal use cancellation?
A termination for personal use is only permitted under certain legally recognised conditions and for valid reasons. The landlord must clearly explain why he or close relatives need the property for their own use. This justification must not only be clear, but also specific and conclusive in order to stand up in court.
It is not enough to simply claim that you want to use the property yourself - the reasons must be explained in detail in the letter of cancellation. If the termination for personal use is not sufficiently justified or appears arbitrary, it may be legally invalid. In such cases, the tenant has the right to take legal action against the cancellation.
In addition, hardship regulations in favour of the tenant may come into effect if the tenant would be in a particular emergency situation as a result of moving out. For this reason, the landlord should formulate the notice of cancellation with particular care and, if necessary, seek legal advice.
Here are some of the most common valid reasons:
- Use by the landlord himselfThe landlord plans to live in the flat or house himself, either as a primary or secondary residence.
- Use by close family membersOwn use can be claimed if the flat is needed for close family members such as children, parents or siblings.
- Use by household membersIn some cases, personal use can also be registered for people who live permanently in the landlord's household, such as carers or partners.
- Change in living conditionsA landlord can register his own requirements if his life situation changes, e.g. through divorce, marriage or an addition to the family, which means that additional living space is required.
- Professional or health reasonsOwn use : Own use is possible if the landlord has to use the flat himself due to professional changes (e.g. moving to a place near his workplace) or for health reasons (e.g. barrier-free living space).
How a personal use cancellation works
As soon as you are sure that you are entitled to give notice of cancellation for personal use, this must be done in writing and in good time, otherwise it is invalid. In the notice of termination, you should state the exact reason for your own requirements in detail and, if possible, specify a date by which you will need the rental property. The statutory notice period is usually at least three months, but can be extended depending on the length of the tenancy. If the tenant has any objections to the cancellation, they should raise these within a reasonable period of time. The landlord must ensure that the tenant actually needs the property, as a pretended cancellation can have legal consequences.
Deadlines in the event of cancellation for personal use
It is of the utmost importance that the landlord gives the tenant a fair and reasonable period of time to move out. The following points should be taken into account:
At least three months' notice for personal useThe statutory minimum notice period is usually three months if the landlord needs the flat for himself, his family or relatives. This ensures that the tenant has enough time to find new accommodation, while the need for personal use must be clearly and comprehensibly justified.
Extension to six months possibleIn certain cases - such as longer tenancies - this period can be extended to up to six months in order to protect the tenant even better.
What should you do if a tenant does not move out despite giving notice of cancellation?
If a tenant does not move out despite a lawful notice of termination for personal use, landlords should take the following steps:
Clarification in dialogueThe first step should be a personal discussion with the tenant. Misunderstandings or concerns can often be clarified in a direct exchange.
Warning letterIf the conversation does not lead to a solution, the landlord can issue a written warning. In this letter, the tenant should again be informed of the lawful cancellation and a final deadline for eviction should be set.
File an action for eviction: If the tenant still does not move out, the landlord must issue a Action for eviction with the competent local court. This is necessary in order to legally oblige the tenant to vacate the flat.
Enforcement of evictionAfter a successful judgement, the landlord can instruct the bailiff to have the flat evicted. The landlord should note that the costs of the eviction must initially be borne by the landlord, but can be reclaimed from the tenant.
Check hardship caseThe tenant could invoke a case of hardship if it is unreasonable for them to move out, for example for health or social reasons. In this case, the court could review the termination and possibly extend the notice period or cancel the termination.
