Personal use (tenancy law)

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Personal use is a reason for the landlord to terminate a rental agreement .

Germany

For leases for living space , termination due to personal use is regulated in Section 573 (2) No. 2 BGB , the period of notice then results from Section 573c BGB. The possibility of self-service termination was first created in the Federal Republic of Germany in December 1974 by inserting Section 564b into the BGB. This amendment to the law with the title "Second law on protection against dismissal for tenancy agreements over housing" was passed in the Bundestag with the votes of the social-liberal coalition of the SPD and FDP and moved from red-green to §573 as part of the 2001 reform of tenancy law .

requirements

The termination for personal use must be properly justified. Whether it is effective depends on whether the landlord can provide evidence of the personal use claimed as a reason for termination.

Personal needs exist if the landlord needs the (entire) rented apartment for himself or for a person belonging to his household, for example a carer, or for a family member for residential purposes.

Family members, in whose favor the landlord can terminate due to personal needs, are, for example, parents or children of the landlord, grandchildren or siblings. Since a ruling by the Federal Court of Justice on January 27, 2010, nieces and nephews now belong to the group of people for whom personal use can be registered. Outside of relatives , only spouses or in-laws of the landlord are eligible.

The landlord must need the apartment. The mere desire to live in your own four walls is not enough. Personal needs only exist if the landlord can give reasonable and understandable reasons why he or a beneficiary wants to move into the apartment. This is the case, for example, if the landlord himself establishes his retirement home in the terminated apartment or if the landlord wants to make the terminated apartment available to his child because otherwise there is a risk that the child will break away from the parental home.

The landlord must justify in writing in the letter of termination for whom he needs the apartment and he must describe a specific fact on which he bases the interest of this person in the apartment. However, it is true that personal use can only be registered when the owner has been successfully entered in the land register and the purchase has thus been completed.

Converted apartments, i.e. apartments that have been converted into condominiums during the rental period, can be terminated at the earliest three years after acquisition due to personal use. According to Section 577a (2) of the German Civil Code, the federal states can issue ordinances in which this blocking period is extended to up to ten years for certain areas. The termination for personal use with all deadlines etc. can only be issued after the blocking period has expired.

Legal situation in the individual federal states

In North Rhine-Westphalia , the embargo period in practically all metropolitan areas was 8 years after the date of purchase, in the peripheral areas of these metropolitan areas it was mostly 6 years. The local termination blocking period regulation was repealed at the end of 2006. On January 24, 2012, a new notice blocking period was issued: The blocking period is 8 years in Bonn, Düsseldorf, Cologne and Münster, and 5 years in some other municipalities.

In Bavaria , the embargo period in most metropolitan areas is 10 years after the date of purchase. However, this only applies to cases in which the rented apartment is converted into a condominium. However, if the tenant moves into a condominium for rent, the regular statutory notice periods apply. This is due to the fact that the tenant already knows at the time of moving into the apartment that it is a condominium.

In Berlin , the blocking period for the entire city area is 10 years after the date of purchase.

In Baden-Württemberg , the blocking period is for 44 cities and municipalities in the federal state, including Freiburg im Breisgau , Heidelberg , Heilbronn , Karlsruhe , Konstanz , Leimen , Neckarsulm , Rastatt , Ravensburg , Reutlingen , Rheinstetten , Stuttgart , Tübingen , Ulm and many more. , an extended period of five years according to the adoption of the state ordinance in summer 2015.

Reaction options of the tenant

If a notice of termination is given, the tenant can raise an objection according to § 574 BGB . The objection has the effect that the tenancy will continue for a while if the termination would mean hardship that cannot be justified, even taking into account the legitimate interests of the landlord. The termination may be illegal and therefore ineffective if the landlord does not offer the tenant a vacant, similar apartment in the same house or in the same residential complex.

If the tenant determines in retrospect that the landlord's own needs were only faked, he is generally entitled to claims for damages. Typical damage items are, for example, moving, broker and renovation costs as well as higher rental expenses for the new apartment. Indications of abuse can be:

  • Excessive demand (single in 8-room penthouse).
  • Personal requirements were already foreseeable when the rental agreement was signed.
  • Landlords do not act in an abusive manner if they could have recognized future personal needs when concluding the contract with the tenant.
  • An alternative apartment is available to the landlord before the notice period expires.

Switzerland

A personal requirement exists if the landlord wishes to claim the rental property for himself, close relatives or by marriage, Art. 261 paragraph 1 letter a OR .

Web links

Individual evidence

  1. ↑ Federal Law Gazette Part I, No. 139 of December 21, 1974, p. 3603. Retrieved October 14, 2019 .
  2. ↑ tagesschau.de ( Memento from January 30, 2010 in the Internet Archive )
  3. ↑ BGH Az .: VIII ZR 159/09 - judgment of January 27, 2010
  4. ↑ Termination for personal use. Retrieved September 17, 2019 .
  5. ↑ Günther Rademacher, updates on sales contract & termination of personal use ( memento of the original from March 26, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.notar-gerresheim.de
  6. ↑ Law and Ordinance Gazette (GV. NRW.) Edition 2012 No. 4 of February 9, 2012
  7. ↑ Ordinance on the areas with endangered housing supply from February 13, 2007  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.justiz.bayern.de  
  8. ↑ Brochure 'Tips for tenants and landlords' from Bayer. State government u. a. List of municipalities with embargo periods, as of February 2011 (PDF file; 891 kB)
  9. ↑ Ordinance within the meaning of Section 577a, Paragraph 2 of the German Civil Code (BGB) on extended protection against dismissal when converting a rented apartment into a condominium (protection against dismissal regulation) of August 13, 2013
  10. ↑ Baden-Württemberg: Ordinance of the state government to determine the areas with an extended blocking period for residences being converted into condominiums (Kündigungssperrzeitverordnung Baden-Württemberg - KSpVO BW) - § 1 scope of 9 June 2015
  11. ↑ Baden-Württemberg: Ordinance of the state government to determine the areas with an extended blocking period when converting apartments into condominiums (Kündigungssperr termverordnung Baden-Württemberg - KSpVO BW) - § 2 Duration of the notice blocking period from June 9, 2015
  12. ^ Palandt , Commentary on the BGB, edited by Walter Weidenkaff, 78th edition 2019, Rn. 24 to § 573 BGB
  13. ^ LG Lüneburg decision of December 7, 2011 Az .: 6 S 79/11
  14. ↑ BGH ruling v. February 4, 2014, Az.VIII ZR 154/14
  15. ↑ Termination of personal use despite apartment becoming vacant: BGH on the time limit of the landlord's obligation to offer to a tenant terminated due to personal use - BGH, judgment of June 4, 2008, VIII ZR 292/07