Termination by Landlord — Eigenbedarf, Notice Periods & Right to Object

Tenant Protection in Germany — Strong Rights

In Germany, tenants enjoy very strong statutory protection against termination. A landlord can terminate a lease only for a legally recognized reason — and must comply with strict notice periods.

Permitted Grounds for Termination

A landlord may only terminate if:

1. Eigenbedarf — the landlord needs the apartment for themselves, family members, or members of their household
2. Material breach of obligations by the tenant — e.g., consistently late rent payments, serious contract violations, disturbance of domestic peace
3. Termination for conversion — the landlord would suffer significant economic harm by continuing the tenancy (very rare case)

Important: "I want to renovate the apartment" or "I want to increase the rent" is not a permissible ground for termination.

Notice Periods — Dependent on Tenancy Duration

The termination must be in writing (letter, not email!) and must specifically state the reason. A termination without or with insufficient justification is void.

Eigenbedarf Termination — Most Common Case

For an Eigenbedarf termination, the landlord must specify:
- Which person needs the apartment
- Why the apartment is needed
- Whether another vacant apartment would be available in the same building (duty to offer)

False Eigenbedarf is punishable and can lead to damages (moving costs, rent difference, etc.).

Your Right to Object (Social Clause § 574 BGB)

Even with a lawful termination, you can file an objection if moving would cause you particular hardship:

• Advanced age or serious illness
• Pregnancy
• Unable to find suitable replacement housing
• School-age children (school change mid-year)
• Long tenancy period and strong ties to the property

The objection must be submitted at least 2 months before the notice period expires in writing to the landlord.

What to Do Upon Termination

1. Stay calm — termination does not mean immediate eviction
2. Have the termination reviewed — by a tenant association or attorney
3. Note the deadlines — do not miss the objection deadline
4. Join a tenant association (approx. €60–90/year) — legal advice and representation included
5. If in doubt: Do not move out hastily — without an eviction judgment, no one can force you out

As of: March 2026. All information without warranty.