Terminating a lease for the landlord's own use (Eigenbedarfskündigung) is the most important termination ground in German practice – and the most tightly policed.
"A legitimate interest of the landlord in terminating the tenancy exists in particular where the landlord needs the premises as a dwelling for himself, his family members or members of his household."
— § 573 (2) no. 2 BGB (translated)
Who qualifies as the person in need
The landlord, children, parents, siblings, grandchildren; for remoter relatives (niece, cousin) courts require a special personal bond. Corporations cannot have personal need; partnerships follow special rules.
Formalities and notice periods
- Notice under § 573c BGB: 3 months, rising to 6 after five years and 9 after eight years of tenancy.
- The notice letter must name the person and the concrete reason for the need.
- Blocking periods after conversion into condominiums: 3 years, up to 10 by state ordinance (§ 577a BGB).
Hardship and faked need
Under § 574 BGB tenants can object on hardship grounds (age, illness, deep local roots, no replacement housing) – and the balancing increasingly favours tenants. Faking the need triggers damages: moving costs, rent differences, easily five figures. Document the need before serving notice.