Is self-termination possible?

The essential statutory regulation for termination of personal use can be found in § 573 Paragraph 2 No. 2 BGB. There it is determined that there is a legitimate interest in terminating the tenancy, among other things, if the landlord needs the rooms as an apartment for himself, his family members or members of his household.

Section 573 (3) of the German Civil Code also stipulates that the reasons for a legitimate interest of the landlord - in the case of termination of the owner's own needs, the reasons for the landlord's own requirements - must be stated in the letter of termination.

"Own use" in this sense - as can be seen clearly from the legal regulation - exists when the landlord needs the rooms (1) as an apartment (2) for himself, his family members or members of his household (3).

• (1) "As an apartment":

The landlord must intend that the respective rooms be used as apartments; an intended commercial use takes place within the scope of the termination of personal use acc. Section 573 (2) No. 2 BGB not taken into account;

• (2) "For himself, his family members or members of his household":

Termination of personal needs is only possible for a limited group of so-called needs people. In this sense, in addition to the landlord himself, needy people are his family members but also members of his household. "Members of the landlord's household" are persons whom the landlord has taken into his apartment on a permanent basis and who live in close household with him and do not have his own household. “Family members of the landlord” include people who are related to the landlord and (especially) personally connected. The less closely the relatives, the more important is the special personal connection between the landlord and the person in need;

• (3) "Required":

In this sense, the apartment is "needed" if the person in need wants to use the apartment and the landlord has reasonable and understandable reasons for this. The case law tends to be rather generous.

Personal requirements must exist from the time the notice of termination is received until the termination of the tenancy due to the termination. If the owner's needs fall after receipt of the notice of termination, but before the termination of the tenancy due to termination, the landlord can no longer rely on the owner's needs. If, on the other hand, your own requirements only disappear after the tenancy has ended due to termination, this is generally not harmful.

The landlord must state in the notice of personal need for which the apartment is needed and explain why this person needs the apartment. The information must be as detailed as possible so that the tenant is able to clarify whether the conditions for a termination of personal use are actually met. If the landlord does not provide any information on the (personal) need person and facts in the notice of termination, the personal requirement termination is therefore already ineffective.

If you have any further questions regarding the termination of your own needs or general tenancy law, please contact our law firm by phone or email, or arrange a personal meeting at one of our law firm locations in Regensburg and Landshut.