Own-use eviction (Eigenbedarf): what the landlord must show
Own use is the most common reason for a landlord’s notice, but it must be justified, on time and in writing.
Checked by Radif Partners · Editorial policy · Method
Your period on a landlord notice
Tenancy ends at the earliest
30 April 2027
| Notice period | 6 months |
| Objection at the latest | two months before the end |
A German landlord can only end an open-ended residential lease if he has a legitimate interest (Section 573(1) of the Civil Code). Own use (Eigenbedarf) is such an interest: it exists when the landlord needs the rooms as a home for himself, his family members or members of his household (Section 573(2) no. 2). The reasons must be in the notice, which must be in writing with a handwritten signature. The notice period depends on how long you have lived there: three months, six after five years, nine after eight years. For a notice arriving on 2 November 2026, after twelve years in the flat the tenancy ends only on 31 July 2027. If moving out would be an unreasonable hardship for you, you can object (Section 574), at the latest two months before the tenancy ends. If your rented flat was converted into a condominium after you moved in and then sold, the buyer may only give notice after a ban period of three years, and in many cities only after five to ten years.
The conditions for own use
Section 573 BGB protects tenants against notice without a reason. The landlord needs a legitimate interest, and the law gives three examples: a culpable, not insignificant breach of duty by the tenant, own use, and being prevented from an appropriate economic use of the property. Notice for the purpose of raising the rent is expressly excluded. For own use, the landlord must really need the flat for himself or a qualifying person. A pretextual need does not support the notice, and a landlord who fakes own use is liable for damages.
Form and reasons
The notice must be in written form, meaning a letter with a handwritten signature (Section 568 BGB); an e-mail is not enough. The reasons must be in the letter (Section 573(3)): who is to move in, why that person needs the flat, and why this particular flat. Other reasons only count if they arose later. The landlord should also point out your right to object and its form and deadline. Without that notice, your window for objecting is extended.
The notice period
| Length of stay | Period | End if received 2 November 2026 | Object by |
|---|---|---|---|
| 3 years | 3 months | 31 January 2027 | 30 November 2026 |
| 6 years | 6 months | 30 April 2027 | 28 February 2027 |
| 12 years | 9 months | 31 July 2027 | 31 May 2027 |
The period runs from the month in which the notice arrives by the third working day (Section 573c BGB). What extends it is the time since the flat was handed over, so since you moved in. The notice period calculator works out the date for your length of stay and state; the small tool above shows the period and the objection deadline at a glance.
Objecting under the hardship clause
Under Section 574 BGB you can object to the notice and ask for the tenancy to continue if moving out would mean a hardship for you, your family or a member of your household that cannot be justified even considering the landlord's interests. Hardship also exists if suitable replacement housing cannot be found on reasonable terms. The objection must be made in text form and reach the landlord at the latest two months before the tenancy ends (Section 574b BGB). On request you should state the reasons without delay. If the court upholds the objection, the tenancy continues for a fixed or indefinite period.
Special case: a house with two flats
If the landlord himself lives in a building with no more than two flats, he can give notice on the other flat without a legitimate interest, so without showing own use (Section 573a BGB). In return the notice period is three months longer, and the letter must state expressly that the notice relies on this provision. The same applies to rooms within the landlord's own flat, unless they are excluded from tenant protection anyway. A hardship objection remains possible here too. If you share a two-flat house with your landlord, check whether the notice relies on Section 573 or Section 573a; the period and the duty to give reasons depend on it.
Ban periods after conversion into condominiums
If a rented flat is converted into a condominium after you moved in and is sold, the buyer may only give notice for own use or economic exploitation three years after the sale (Section 577a(1) BGB). States may extend this to up to ten years in areas with a tight housing market. The following states have done so, each for the municipalities in its ordinance:
| State | Ban period | Ordinance runs until |
|---|---|---|
| Bayern | 10 years | 31 December 2029 |
| Hamburg | 10 years | 31 August 2033 |
| Nordrhein-Westfalen | 8 years | 28 February 2030 |
| Hessen | 8 years | 25 November 2026 |
| Niedersachsen | 5 years | 31 December 2031 |
| Baden-Württemberg | 5 years | 31 December 2026 |
Berlin has also issued a notice-protection ordinance for the whole city. Which municipalities are covered in the other states is on the state pages, such as Bavaria or North Rhine-Westphalia. The same ban applies if the flat was sold to a partnership or several buyers.
After moving out
When you move out, you are owed the deposit with interest and, where applicable, any credit from the service-charge statement; the deposit refund page explains how that works. If it later turns out the own use was a pretext, for instance because the flat is soon let again, you can claim damages, for example for moving costs and a higher rent.