Eigenbedarfskündigung — your landlord wants the flat back for personal use

What is an Eigenbedarfskündigung?

An Eigenbedarfskündigung is a landlord's termination of your rental contract because they claim Eigenbedarf (personal need) for the apartment or house. Under § 573 BGB, the landlord must need the property for themselves or certain close relatives — not simply want higher rent or a different tenant.

This is different from ordinary termination for other reasons, from a mutual move-out agreement, or from a Mieterhöhung (rent increase). If you receive one, do not assume you must leave on the date stated until you have checked the legal requirements.

Who can the landlord move in?

Personal need is limited to specific people, typically:

• The landlord themselves
• Spouse or registered partner
• Children or parents of the landlord or spouse
• Other close family in the direct line (case law varies — the letter should name who will occupy the flat)

Moving in a friend, distant relative, or new buyer who is not yet owner usually does not qualify. If the landlord owns multiple properties, they must explain why this unit is necessary.

Notice period and termination date

The Kündigungsfrist (notice period) depends on how long you have lived there and your contract. Common periods:

• 3 months — standard for many residential tenancies
• Longer periods can apply after years of tenancy (statutory tiers up to 9 months in some cases)

The letter must state a clear Beendigungsdatum (end date) that respects the notice period. Termination to the middle of a month is usually required. Check your contract and § 573c BGB — an incorrect date can make the termination invalid.

What the letter must contain

• Written form (email only if the contract explicitly allows it)
• Clear termination date
• Statement that termination is for Eigenbedarf
• Who will move in and why this specific home is needed
• Signature of the landlord (or authorised property manager with proof)

Vague letters ("we need the apartment back") without naming the person and reason are easier to challenge.

Is the Eigenbedarf genuine?

Landlords sometimes use Eigenbedarf when they actually want to renovate, sell, or re-let at higher rent. Courts look at the real situation. Red flags:

• The named person already has suitable housing nearby
• The flat is listed for re-rent or sale shortly after you leave
• Another unit the landlord owns would clearly suffice
• Repeated Eigenbedarf terminations in the same building

You can challenge a sham termination (Schein-Eigenbedarf) in court. The landlord must prove genuine, long-term personal need.

Hardship extension — § 574 BGB

Even a valid Eigenbedarfskündigung can be blocked or delayed if ending the tenancy would cause undue hardship (Härtefall). You must apply to the landlord (and if needed, the court) citing reasons such as:

• Age or disability making relocation disproportionately difficult
• Children in local schools near end of exam years
• Short remaining life expectancy in medical cases
• No affordable alternative housing in the area

Deadlines are strict — often you must object within two months of receiving the termination. Missing the deadline can forfeit hardship protection.

Your options — accept or push back

Accept: If the termination is valid and you can move, negotiate move-out date, handover condition, and return of Kaution (deposit) in writing.

Widerspruch / legal challenge: If notice period, form, or Eigenbedarf is defective, respond in writing and seek advice from a Mieterverein (tenants' association) or lawyer before the deadlines pass.

Do not sign a pressured move-out waiver or mutual termination agreement on the day you receive the letter without legal advice.

What to do — step by step

Step 1: Note the date you received the letter and the stated Beendigungsdatum.

Step 2: Verify notice period against your tenancy length and contract.

Step 3: Check who is named as needing the flat and whether the story is plausible.

Step 4: If hardship applies — calendar the § 574 Widerspruch deadline (usually 2 months).

Step 5: Contact Mieterverein or a lawyer before replying or moving out.

Step 6: Keep all correspondence; do not stop paying rent unless advised.

When to get help

• Notice period looks too short or end date is wrong.
• You suspect Schein-Eigenbedarf (flat re-advertised, etc.).
• You have children, disability, or long tenancy and need hardship protection.
• Landlord threatens immediate eviction without court order — illegal.

Only a court (or agreement) can end your right to stay; self-help eviction is not permitted.

Key terms glossary

Still not sure what your letter wants?

Upload your Eigenbedarfskündigung and get:

• ✓ Plain English explanation of who must move in and by when
• ✓ Notice period and Beendigungsdatum check
• ✓ § 574 hardship deadline reminder
• ✓ Draft Widerspruch or reply letter in German

Open Briefed — explain my letter

Last updated: June 2026