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Termination for Personal Use Legal? How Tenants Can Defend Themselves

2026-06-11

Last Updated: June 2026
Reading Time: approx. 5 minutes

Legal Disclaimer: This article provides legal information based on the German Civil Code (BGB). It does not constitute legal advice. Upon receiving a termination, you should promptly consult a tenants' association or a specialized lawyer.

Termination for Personal Use Legal? When Tenants Can Defend Themselves

Termination for personal use is one of the most common causes of legal disputes in tenancy law. For tenants, it often means the involuntary loss of their home, while landlords want to use their property themselves. But personal use is not a free pass: the law sets strict limits to protect tenants from arbitrary terminations. Not every termination that says "personal use" on it withstands legal scrutiny in its entirety. You can find more information in our comprehensive tenancy law guide.

1. Legal Basis: Legitimate Interest (Section 573 BGB)

As a rule, a landlord can only terminate a tenancy if they have a legitimate interest in ending it. In the case of personal use, this is the case if:

  • The landlord needs the premises as an apartment for themselves, their family members, or members of their household.
  • Privileged family members include children, grandchildren, parents, or siblings. For more distant relatives such as nieces or cousins, a particularly close social bond must be proven.
  • The termination must not be abusive – for example, if a comparable apartment in the same building is vacant.

2. Formal Requirements for the Termination Letter

For a termination for personal use to be valid, it must meet strict formal criteria:

  • Written form: The termination must be in writing and signed personally by all landlords.
  • Specific justification: The landlord must state exactly who the apartment is needed for and why the use is necessary right now. General phrases are usually not sufficient.
  • Information on the right of objection: The landlord should inform the tenant of the right to object and the corresponding deadlines.

3. Notice Periods (Section 573c BGB)

In the case of ordinary termination for personal use, statutory deadlines apply based on the duration of the tenancy:

  • Up to 5 years of tenancy: 3 months notice.
  • More than 5 years of tenancy: 6 months notice.
  • More than 8 years of tenancy: 9 months notice.

In contrast to termination without notice by the landlord, which takes effect immediately, the tenant generally does not have to move out overnight here.

4. When Tenants Can Object: The Social Clause (Section 574 BGB)

Even if the personal use is justified, the tenant can object to the termination if it represents an unreasonable hardship for them. This is known as the "social clause":

  • Reasons of hardship: Old age, severe illness, pregnancy, or an upcoming final exam for students can justify staying in the apartment under certain conditions.
  • Lack of alternative housing: If the tenant can prove that despite reasonable efforts, no comparable apartment can be found on reasonable terms.
  • Deadline: The objection must be received by the landlord in writing at least two months before the notice period expires.

5. Beware of Feigned Personal Use

If personal use is only feigned to get rid of a tenant or to increase the rent when re-letting, the landlord is liable for damages. In such a case, tenants can claim, among other things, moving costs, broker fees, and, if applicable, the difference in rent for the new apartment.

Smart Preparation with AI Analysis

Classifying a termination for personal use for formal discrepancies requires a structured approach. Jurivo supports you in your preparation:

  • Structure Orientation: The AI helps you compare the letter for typical formal characteristics and the design of the justification within the framework of Section 573 BGB.
  • Clause Check: We help you classify whether your rental agreement has provisions that regularly raise questions regarding their transparency within the meaning of Section 307 BGB.
  • Hardship Reason Orientation: Get a general overview and guidance on whether there are factors in your situation that usually play a role within the framework of Section 574 BGB.

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Status of Legislation: June 2026.