Termination for Eigenbedarf (the landlord needing the flat for their own use) often comes as a surprise to students, for example when the landlord wants the flat for themselves or for a family member. German law allows such a termination only where the landlord has a legitimate interest. If you know the requirements, you can see early whether a termination letter meets them.
Short answer: A landlord may terminate a tenancy for own use if they need the flat for themselves, for family members or for members of their household. They need a legitimate interest for this. The reason must be stated in the letter. Whether the reason is true is decided by a court if the matter is disputed. Last updated: November 2026.
The most important points in brief
- A termination requires a legitimate interest on the landlord’s side. Own use is one of the reasons named in the law.
- The landlord, their family members and members of their household are protected groups under this ground.
- The reason must appear in the termination letter. Reasons added later only count if they arose after the termination.
- Contract clauses that place you as a tenant in a worse position than the law are void.
- If the stated reason is not true, a court can establish this in a dispute.
What the law means by a legitimate interest
Under section 573 (1) of the German Civil Code (BGB), a landlord may only terminate if they have a legitimate interest in ending the tenancy. A termination solely to raise the rent is excluded. Own use is one of the cases listed in section 573 (2). The other cases mainly concern serious breaches of contract by the tenant and the economic use of the property.
For students, the first question is therefore which category the termination falls into. A letter based on own use must contain different details than a termination for alleged breaches of duty. Reading the reason carefully makes it easier to compare it with the statute.
Who counts as own use?
The provision names three groups of people for whom the landlord may need the flat. The table shows how they are classified under the wording of the law.
| Group of people | Own use under the wording of section 573 (2) no. 2 BGB |
|---|---|
| The landlord themselves | Yes, expressly named |
| Family members | Yes, expressly named |
| Members of the household | Yes, expressly named |
| Friends or acquaintances without a shared household | Not named in the wording. The classification depends on the individual case. |
For students, the term “members of the household” matters. It refers to people who live together with the landlord in one household. Whether a particular person belongs to it cannot be decided in general. The letter should therefore make clear who will move in and how that person is related to the landlord.
What must the termination letter say?
The landlord must state the reasons for the termination in the letter (section 573 (3) BGB). The more specific the details, the easier it is to check whether the reason is true. Pay particular attention to the following points.
- The name and relationship of the person who is to use the flat.
- The reason why the flat is needed for this particular person.
- The date on which the tenancy is supposed to end.
- Whether the details are consistent and match the rest of the correspondence.
Later reasons are only admissible to a limited extent. Under the law, other reasons are only taken into account if they arose after the letter was sent (section 573 (3) BGB). If the reason changes during a dispute, record every change carefully.
Which notice periods apply to you?
The notice period is set by statute. This guide does not give a fixed number, because the period depends on the circumstances of the tenancy. Which period applies to your contract follows from the statute and from what the tenancy agreement says. Check the date in the letter carefully, because it determines by when you need to find a new place.
A date in the letter is not automatically correct. If the period stated clearly does not fit your tenancy, write down the date, the sender and the letter reference. These details help if the matter has to be clarified later.
What rights do you have as a tenant?
Contractual arrangements that place you in a worse position than the statute are void (section 573 (4) BGB). This protection applies even if a tenancy agreement is worded differently. Whether a particular clause has a disadvantageous effect in your case is best checked with a tenants’ advice service or a lawyer.
Before you react, a careful review is worthwhile. Moving out is not an automatic consequence of a termination while the question of its validity is still open. Get advice before deciding if you are unsure.
An example from student life
Assumption: a landlady lives in the same house and wants the flat for her son, who is returning to the city after his studies. Her letter names the son as the person moving in, describes his relationship to her and gives a date at the end of the month. The details are understandable, as long as they fit the other circumstances.
The situation would be different if the letter only refers vaguely to “urgent need”, names no person or if the reason changes in the course of the dispute. In that case, it is worth asking whether the details meet the statutory requirements before you sign anything.
Checklist for the termination letter
- Is the reason for termination expressly stated in the letter?
- Is the person moving in named, and is their relationship to the landlord clear?
- Does the stated end date fit your tenancy agreement?
- Have you secured all letters, messages and deadlines in case of a dispute?
Frequently asked questions
Does the landlord have to give reasons for own use?
Yes. The reason must appear in the termination letter (section 573 (3) BGB). If a comprehensible reason is missing, the termination is hard to justify in a dispute. A letter without any details about the person is a point to discuss with an adviser.
Can the landlord swap the reason later?
Only to a limited extent. Under the law, other reasons only count if they arose after the letter (section 573 (3) BGB). If the landlord changes the reason, note every change with its date.
Can I waive this protection in the tenancy agreement?
No, at least not to your disadvantage. Agreements that disadvantage the tenant are void (section 573 (4) BGB). Whether a particular agreement is disadvantageous depends on the individual case.
What if the own-use claim is only a pretext?
In that case, a court can decide in a dispute whether the stated reason is true. Keep letters, deadlines and messages so that you can back up your arguments. A tenants’ advice service or a lawyer can assess the situation.
Does this also apply in a shared flat?
That depends on who the landlord’s contractual partner is. The termination concerns the tenancy with the landlord. How rights and duties are shared among flatmates is covered in the guide on the roles in a shared-flat contract.
You will find further information on rights in rental relationships in Can the landlord do that? The most common questions from students.
What to do now
- Read the letter in full and note the name, relationship and reason for the person moving in.
- Check whether the stated date fits your tenancy agreement and the law.
- Secure all documents, that is your tenancy agreement, the termination letter and messages.
- Get advice before you decide, for example from a tenants’ advice service or a lawyer.
Related reading
- Living in a Student Flat: Rent, Shared Flats, Dorms and Housing Benefit
- Can the landlord do that? The most common questions from students
- Notice periods for a shared-flat room: when you can move out
- Finding a replacement tenant: how to leave a lease early
- Main tenant or subtenant in a shared flat: the difference
Sources:
Last updated: November 2026. This guide is general information, not individual advice.
