Termination of a rental agreement due to own use?
April 15, 2024 | 30,00 EUR | answered by Sandra Altmann
Dear contract law attorney,
I am reaching out to you as I urgently need advice regarding the termination of my lease due to owner occupancy. My situation is as follows: I am a tenant in an apartment in a multi-family building and have recently received a termination notice from my landlord, stating that he needs the apartment for himself or his family. However, I have reservations about the legality of this termination.
Currently, I have been living in this apartment for a long time and feel very comfortable there. The thought of potentially having to move out is causing me great concern. I have many memories of my time in this apartment and would prefer not to leave my familiar surroundings.
My concerns primarily revolve around whether the termination notice from my landlord for owner occupancy is justified. I wonder if there are ways to challenge this termination or at least delay my move. I am also considering whether I am entitled to adequate compensation if I do indeed have to leave.
Therefore, I kindly request your expert assessment: Is the termination notice from my landlord for owner occupancy legal, and what steps can I take to protect my interests? Are there avenues to challenge the termination or delay my move? What rights and responsibilities do I have as a tenant in this situation?
Thank you in advance for your help and support.
Sincerely,
Anna Zornitz
Dear Mrs. Zornitz,
Thank you for your inquiry regarding the termination of your lease due to owner occupancy. This situation can indeed be very stressful, especially when you feel comfortable in your apartment and have lived there for a long time. It is understandable that you are worried and seeking support.
First of all, it is important to know that termination due to owner occupancy is generally possible if the landlord actually wants to use the apartment for themselves or their family. However, the landlord must meet certain requirements to validly issue such a termination. This includes providing specific reasons for the owner occupancy and adhering to certain deadlines.
In your case, it is advisable to carefully examine the termination and, if there are doubts about its legality, to take legal action. As a tenant, you have certain rights that must be upheld. For example, you can challenge the termination in court if you believe that your landlord's owner occupancy is not sufficiently justified or if the termination has formal errors.
To protect your interests and delay your move, I recommend that you contact a specialized attorney in tenancy law as soon as possible. They can assess your situation, provide legal advice, and take legal action, if necessary, to defend your rights as a tenant.
Regarding possible compensation in case of moving out, there are also legal options to consider. It is important to seek legal advice on this matter as well in order to secure your claims.
I hope that my explanations have been helpful and have given you an initial overview of your legal options in this situation. Please do not hesitate to contact a tenancy law attorney to receive individual advice and to represent your interests to the best of their ability.
Sincerely,
Sandra Altmann
Attorney at Law specializing in contract law
