Ask a lawyer on the topic of Tenancy law

Termination due to own use - Eviction period

October 8, 2009 | 20,00 EUR | answered by Steffan Schwerin

Dear lawyers,
After 4.5 years of renting, my son (25) and I (45) along with my two dogs, were given notice of termination of our leased apartment due to owner occupancy, with a notice period of 3 months, until 31.10.09. We have now found a new apartment (where dogs are also allowed!), but we can only move in on 1.10.2010.
Now my landlord has threatened me with an eviction lawsuit and the assumption of costs of the landlord's son (who wants to move into the current apartment) for the storage of his furniture and hotel accommodation for the 2 months! My question: Can he claim costs against me? And I have read about an eviction period that a tenant is entitled to if they do not find a new apartment within the notice period. Is this automatic, or does it have to be requested?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your input as follows:

In principle, you are required to move out of the apartment if the termination is valid. Since the landlord's son is moving in and the 3-month notice period has been observed, there is initially nothing to suggest the termination is invalid.

If you want to move into a new apartment starting from 01.10.2010, the landlord is not obligated to allow you to stay in the apartment for another year.

Therefore, the landlord was not unjustified in threatening legal action and damages.

However, there is the possibility of reaching an agreement with the landlord to bridge the gap until a new apartment can be occupied.

Alternatively, you can also apply for eviction protection. This can only be done once the landlord has actually filed a lawsuit for eviction. You will have to wait for further developments in this regard.

Eviction protection cannot be requested in advance. The only option is to reach a mutual agreement with the landlord.

Only when the situation escalates and the landlord actually sues you, can eviction protection be applied for after a court decision.

I must point out that this platform cannot replace a comprehensive and personal legal consultation. The goal here is solely to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I have given is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation may lead to a completely different legal assessment.

I hope this gives you an initial overview and that my explanations are helpful. Feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for representation if needed. The initial consultation fee would be fully credited towards your case.

Distance between lawyer and client is generally not a problem. With the use of modern communication tools such as email, mail, fax, and phone, legal representation is still possible.

Best regards,

Steffan Schwerin
Lawyer

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