Can my landlord terminate my lease due to own use?
March 2, 2023 | 45,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Erik Eder and I am reaching out to you with a question regarding my current housing situation. I have been living in a rented apartment in Munich for three years and have always paid my rent on time and taken care of the apartment properly.
Now, my landlord has informed me that he wants to use the apartment for himself and his family and therefore intends to terminate my lease due to his own occupancy needs. This has surprised and unsettled me, as I am not sure if he has the right to do so. I have heard that there are certain requirements for a termination due to own use, and I would like to know if these are met in my case.
My concern is that I may suddenly find myself without a place to live due to the termination and not know where to go. I have my social circle and job here, and I would be very unhappy if I were forced to move. Are there any possible solutions or alternatives that could help me in this situation? I would be grateful for any advice or information you could provide me on this matter.
Thank you in advance for your assistance.
Sincerely,
Erik Eder
Dear Mr. Eder,
Thank you for your inquiry regarding the notice of termination due to owner's own use of your rental apartment in Munich. I understand that this message may come as a surprise and be unsettling for you, especially after having settled in well here for three years.
In principle, a landlord has the right to issue a notice of termination for owner's own use if he needs the apartment for himself or close family members. However, he must fulfill certain requirements for the termination to be legally valid. This includes the landlord actually having a legitimate interest in the apartment, for example if he intends to use it for himself or his family. Additionally, he must be able to prove that he genuinely intends to occupy the apartment himself and that this is not just a pretext.
In your case, you should therefore check whether your landlord meets all the necessary requirements for the notice of termination for owner's own use. If you have doubts about the legality of the termination, I recommend seeking legal advice in a timely manner and reviewing your rights as a tenant.
If the notice of termination for owner's own use is indeed valid and you have to vacate the apartment, there are still various options that could help you in this situation. Firstly, you could negotiate with your landlord for a reasonable deadline for moving out to have enough time for apartment hunting. Additionally, you could also contact a tenants' association or the local housing office for assistance with apartment search or legal questions.
It is important that you do not feel abandoned in this situation and that you know your rights as a tenant. If you have any further questions or uncertainties, I am at your disposal to support you with your concerns.
Best regards,
Oliver Hentschel
Attorney specializing in tenancy law
