Prerequisites for a termination of tenancy due to intended owner occupation
First and foremost, you as the owner must be registered as a natural person in the land register. The notice of termination must be given in writing and with the correct period of notice. This depends on the duration of the tenancy agreement. If it exists for up to 5 years, a three-month period must be observed. Six months' notice applies to existing five-to-eight-year contracts and nine months' notice applies for contracts of more than eight years. A registered letter with acknowledgement of receipt is recommended for notification.
A "justified interest" in the owner-occupation of the property must be formulated clearly and unambiguously in the notice of termination. The reason given must not have existed prior to the commencement of the tenancy and must be able to withstand possible review. Fixed-term tenancy agreements can generally not be terminated in this way.
Justified interest
According to § 573 of the German Civil Code (BGB), a justified interest to the living space exists if either the landlord himself, family members or members of his household are in need of it. In the case of more distant family members, reasons must be given as to the circumstances that give rise to a special bond. Members of the household may include the long-term common-law partner and his or her children, or caregivers with close ties. What a selection of these cases shows is that there will always be special cases and special regulations. It is therefore not possible to mention them in full, and it is always advisable to seek legal advice in case of uncertainty.
Reasons for the invalidity of a termination of tenancy due to intended owner occupation - using the example of the hardship clause
It is possible that the social clause for tenant protection applies despite justified reasons. This would be due to old age or need for care, pregnancy or insufficient income, among other things. The tenant would have a legitimate right of objection. This also applies if suitable alternative accommodation could not be procured at acceptable conditions. Again, an in-depth review of the individual case is essential, because there is no blanket tenant ineligibility for termination under the law.
Find alternatives and avoid disputes
Finding an amicable solution is the best way forward for both parties. As a landlord, take a look at the situation and put yourself in the position of the person being evicted. This makes it easier to understand his presumably distraught emotional state. Living in familiar surroundings brings with it a sense of security, and this suddenly seems lost.
A helpful step can be to seek a personal conversation with the tenant before he unexpectedly finds a letter of termination in his letterbox. Explain to him how the situation on your side has changed. Explaining your reasons can be a basis for understanding and also a willingness to compromise. Offer support in finding alternative accommodation! It may also help to extend the notice period if it is foreseeable that this will be a great hardship due to difficulties in finding accommodation.
Another proposal for an amicable settlement can be a rent termination agreement. If financial constraints are a major hurdle, such a contract can help to build a bridge. It should be drafted in a tenant-friendly way and the terms should be negotiated fairly and with the full consent of the tenant.
