The tenancy law in Germany includes the protection of tenants and thus secures many advantages to mainly tenants. They must indicate eg no grounds for termination of an apartment. However, the owner must establish a legitimate interest in the resolution of a lease in writing. Such reasoning, the so-called “captive termination”. The following text explains. – Isabel Frankenberg

The personal use notice is in the Civil Code (BGB) in § 573 established and authorized an interest in the cancellation of a lease. Therefore, these are an ordinary termination by the landlord, which can be pronounced otherwise only if the tenant does not fulfill its obligations or if the landlord incur significant disadvantages in continuation of the lease.

Termination takes place for subsistence reasons, if the landlord wants to use the apartment for their own purposes. This means that he needs the apartment for himself or a close relative or relatives. These close relatives include:

• Children and stepchildren
• parents
• siblings
• grandson
• grandparents
• nieces and nephews

But also for other family members and people outside the relationship an auxiliary power may be exercised. These include, for example, in-laws, godchildren or household or nursing staff. However, it depends on the individual case and on the personal relationship with the owner of the apartment. Whether a captive notice is valid, so decided by the competent court for tenancy.

The captive termination is the most common form of ordinary termination. However, it comes here often to disputes between the parties, as dutiful tenants view the termination for personal use reasons often unjustified. In the event of litigation, it is therefore of great importance that the landlords are not undergone formal mistakes when you need termination and the apartment meets all requirements for a personal use. Otherwise, the dismissal is ineffective.

In order for a dismissal because of personal use is effective, it is important that this is delivered by mail. A delivery by mail or fax, however, is illegal and can be challenged by the landlord. In addition, the landlord must establish exactly who they sign their own use in the termination letter. Since many landlords have several apartments, must be evident from the letter also why exactly this apartment to be used for personal use and why it is registered at this very moment. Another requirement is to be observed also possible blackout dates in addition to the applicable notice periods. However, these are not always available.

Basically, the same deadlines, as with all other grounds for termination entitling a proper notice apply to the personal use termination. This depends generally on the duration of the residential ratio. Lives a tenant less than 5 years in each apartment, there is a notice period of three months. This increased from 5 years to 6 months. Landlord, which is a living relationship are longer than 8 years received a tenant must comply with a notice period of nine months.

More information on “own use termination” can be found on the free advice portal www.mietrecht.com.