Termination for personal use: requirements and formal errors

Article L-0155 · 29.10.2026 · 7 min. read · Joé Christian Ewrard

When termination for personal use is possible

A landlord cannot terminate an open-ended residential tenancy simply because they wish to have the property at their disposal. They need a legitimate interest. Personal use generally exists if the landlord requires the property as a home for themselves, a family member or a member of their household. This follows from [Section 573 BGB](https://www.gesetze-im-internet.de/bgb/__573.html).

What matters is a genuine and specific intention to use the property. Typical reasons include a change in family circumstances, a change of workplace, setting up a household of one’s own or the wish to live closer to relatives in old age. There does not have to be an emergency. However, the intention must be reasonable, understandable and genuinely feasible.

Giving notice as a precaution is not sufficient. Someone who is merely considering possibly using the property themselves at a later date does not yet have a sufficiently concrete need. A fabricated claim of personal use intended to remove an unwanted tenant or subsequently re-let the property at a higher rent is equally problematic. Such conduct can not only invalidate the termination but also give rise to claims for damages.

Before giving notice, it should also be checked who the landlord is in legal terms. Following the purchase of a property, the transfer of ownership in the land register is generally decisive. Where there are multiple owners, communities of heirs or companies, a lawyer should clarify who must give notice and for whom personal use may be claimed.

Why the justification becomes the crucial weak point

The sentence “I am terminating the tenancy due to personal use” is not sufficient. The notice of termination must describe the essential circumstances clearly enough for the tenant to identify, assess and distinguish the reason from other possible reasons. Under Section 573(3) BGB, only the reasons stated in the notice are generally taken into account. Explanations invented later or merely added subsequently do not remedy an inadequate notice of termination.

Above all, the notice must state the person who requires the property and their relationship to the landlord. It must also include the specific reason why this particular person wishes to use the property. Instead of a general statement such as “The property is needed by the family”, it should clearly explain who intends to move in, what change in circumstances lies behind this and why the property is intended for that purpose.

Length is not the decisive factor here. A justification can be detailed yet still unclear. Conversely, the law does not require a complete life story or the pre-emptive refutation of every possible objection. The key facts must be accurate, consistent and clearly demonstrate the current intention to use the property.

A common practical error occurs when a template from the internet is sent first and the actual justification is only considered afterwards. Other motives then emerge in subsequent discussions or the planned move-in date changes. Such contradictions raise doubts about the seriousness of the intention. The better sequence is: clarify the need, document the facts, have the legal position reviewed and only then give notice.

For whom personal use may be claimed

Initially, the landlord may require the property for their own use. This applies, for example, if they wish to move from a property that is too large into a smaller apartment, set up their own household or relocate their main place of residence. A genuine intention to use it as a second home may also be sufficient in individual cases. However, this intention must be plausible and not merely occasional or a pretext.

The law also covers family members and members of the household. In the case of close relatives, the classification is usually more straightforward. In the case of more distant relatives, it may depend on whether there is a particularly close personal or social relationship. Simply stating the family relationship in the notice of termination does not always answer this question.

Household members do not necessarily have to be related. This may include people who are permanent members of the landlord's household. Whether a particular relationship is sufficient depends on the specific circumstances.

Particularly in the case of blended families, distant relatives, caregivers, shareholders or complex ownership structures, the group of eligible persons should be reviewed by a lawyer in advance. A real estate agent can organize documents and processes but is no substitute for legal advice.

How specific and substantiated the intention to use the property must be

The intention to use the property must already exist at the time notice is given. An idea that has not yet been decided upon is not sufficient. The landlord should be able to explain when the person requiring the property is expected to move in, why they wish to change their current living arrangements and why the apartment subject to the notice appears suitable for this purpose.

One example: The daughter is supposed to move in “at some point after completing her studies,” but does not know whether she will remain in the region or whether she wishes to use the apartment. This is more indicative of a precautionary notice of termination. The situation may be different if her employment start date in Trier has been confirmed, she wishes to set up her own household and the apartment has specifically been designated for this purpose.

The choice of apartment may also raise questions. If the landlord owns several apartments, it should be clear why this particular rented unit is required. Location, layout, accessibility, proximity to family or the workplace may be objective reasons. The landlord does not have to choose every theoretical alternative but should be able to explain their decision consistently.

If the need for personal use no longer exists before the tenant moves out, the landlord may not conceal this. Depending on the timing and circumstances, the landlord may be required to inform the tenant. A comparable apartment in the same building or residential complex that becomes available during the notice period may also be legally relevant. The consequences should be assessed by a specialist lawyer on a case-by-case basis.

Which formal errors can jeopardise the termination

Under [Section 568 of the German Civil Code (BGB)](https://www.gesetze-im-internet.de/bgb/__568.html), notice terminating a residential tenancy must be given in writing. An email, a text message or a scanned letter is generally not sufficient. A written notice of termination bearing a handwritten signature is generally required.

Where there are multiple landlords, all necessary declarations must generally be made by all of them. Likewise, all persons who are parties to the agreement on the tenant's side must be taken into account. Anyone who writes only to the occupant who usually transfers the rent may overlook another co-tenant.

The letter should clearly identify the apartment, explain the reason for termination and state the termination date. It is also advisable to include the wording “alternatively, on the next possible date” in case the notice period was inadvertently calculated incorrectly. However, whether such wording remedies the specific error depends on the individual case.

Receipt must be verifiable. What matters is not the date on the letter, but when the notice enters the tenant’s sphere of control in such a way that they can ordinarily be expected to become aware of it. Registered mail does not resolve every evidentiary issue. Personal delivery in the presence of a neutral witness or a documented deposit in the letterbox may be more suitable in individual cases.

Which notice periods apply

The notice period for ordinary termination depends on the duration of the tenancy. Under [Section 573c BGB](https://www.gesetze-im-internet.de/bgb/__573c.html), notice must be received no later than the third working day of a month for that month to be included in the calculation.

For a tenancy lasting up to five years, the landlord’s notice period is three months. After five years, it increases to six months, and after eight years to nine months. The determining factor is generally when the residential property was made available to the tenant, not merely the date stated in the tenancy agreement.

Notice received late will often only take effect on the next possible termination date. Nevertheless, this should not be relied upon. Contractual clauses, special forms of housing, fixed-term tenancies or exclusions of termination may affect the assessment.

An additional waiting period may apply if a rented apartment was converted into a condominium after it was made available to the tenant and subsequently sold. [Section 577a BGB](https://www.gesetze-im-internet.de/bgb/__577a.html) provides for a statutory restriction on termination in such cases, which may be extended by regional regulations. A legal review is therefore particularly important before terminating a tenancy after purchasing a rented condominium.

What must be considered when objecting on grounds of hardship

Even a validly justified termination for personal use does not automatically result in the tenant moving out. Under [Section 574 BGB](https://www.gesetze-im-internet.de/bgb/__574.html), the tenant may object if termination would cause unjustifiable hardship to the tenant, their family or a member of their household.

Possible grounds for hardship include a serious illness, very advanced age combined with additional burdens, pregnancy or the lack of suitable alternative accommodation under reasonable conditions. No single circumstance is automatically decisive. The courts must weigh the interests of both parties based on the specific case.

The objection must generally be submitted in text form and should be received by the landlord no later than two months before the intended end of the tenancy. The landlord should provide timely information in the termination notice about the right to object and the applicable form and deadline. If this information is omitted, the tenant may, under certain circumstances, still raise the objection at the first hearing in eviction proceedings.

Landlords are therefore well advised to address potential hardships at an early stage without putting pressure on the tenant. For tenants, the following applies: hardship should be supported by specific evidence and not merely asserted. The documents required and the extent of the health information that can reasonably be requested should be clarified with a lawyer.

What matters in practice in the Eifel and around Trier

Residential locations vary considerably in the Eifelkreis Bitburg-Prüm, Trier and Trier-Saarburg, the Vulkaneifel and along the border with Luxemburg. When searching for alternative accommodation, an apartment in Trier, a house in an Eifel village and a property near the border for commuters to Luxemburg are not directly comparable. Commuting distance, public transport, medical care and family support may therefore also be important when weighing the parties’ interests.

In smaller towns and villages, landlords and tenants often know each other personally. This can make discussions easier, but it can also intensify conflicts. Verbal advance notice does not replace a valid notice of termination. However, it can help to explain upcoming changes respectfully and explore realistic transition arrangements.

In practice, an early review of the documents is often the smallest sensible step. This includes the tenancy agreement, addenda, the land register status, previous correspondence, details on the transfer of use and a written description of the intended use. A specialist lawyer for tenancy law can then review the termination notice. This is generally less burdensome than a later dispute over whether the reasons, notice period or signature are sufficient.

Before sending or responding to a termination notice for personal use, gather the tenancy agreement, addenda, proof of ownership and previous correspondence. Write down the actual intended use in your own words and have a lawyer review the reasons, notice period, form and potential hardship cases. PRIOCASA can assist property owners in the Eifel and around Trier in organising the property-related documents and the practical process; the legal assessment should be left to a lawyer.

Frequently Asked Questions

Is it sufficient to state “personal use for my daughter” in the termination notice?

As a rule, that is too brief. Although the daughter is named, the specific reason for the intended use is missing. The letter should make clear why she needs the apartment and what serious plan to live there exists.

Does the landlord have to prove an emergency?

No. Personal use does not require an emergency. However, the intended use must be genuine, reasonable, comprehensible and specific.

Can a termination notice for personal use be sent by email?

An email generally does not meet the legally prescribed written-form requirement. The termination notice must generally be signed by hand. In addition, proof of its receipt should be available.

Can the tenant object despite a valid claim of personal use?

Yes. An objection on grounds of hardship can result in the tenancy continuing for a fixed or indefinite period. The decisive factor is a balancing of the specific interests of both parties.

What happens if the need for personal use subsequently ceases to exist?

If the need ceases to exist before the tenant moves out, the landlord may be obliged to inform the tenant. If the tenant moves out due to a merely fabricated claim of personal use, claims for damages may be considered. A specialist lawyer should review the legal consequences.

Topics: termination for personal use, stating reasons for personal use, landlord’s notice period, formal errors in a termination notice, objection on grounds of hardship, tenancy law Eifel, renting out property in Trier

Responsible for this article: Joé Christian Ewrard — agency owner & Real Estate Agent IHK, PRIOCASA Immobilien & Finanzservice. Last updated: 29.10.2026. The draft was created with the support of artificial intelligence and reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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