Termination due to own use: Which deadlines must be observed?
May 3, 2023 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer,
I am reaching out to you with a question regarding a termination of tenancy due to owner occupancy. My landlord has informed me that he wants to use my apartment for personal reasons and will therefore terminate the lease. I am now unsure about the deadlines that need to be met and how long I can still stay in the apartment.
Regarding the current situation: I have been a tenant of the apartment for five years and have felt very comfortable there. I have furnished the apartment according to my preferences and have also found good friends in the neighborhood. Now this termination comes as a surprise to me and I am worried about finding a new place to live quickly and how much time I have left to move out.
So, the current situation is that I have received a termination notice due to owner occupation, but I am not sure about the deadlines that need to be met and how quickly I need to find a new apartment. My concern is that due to the short deadlines, I may not be able to find a suitable alternative and may therefore face financial or personal difficulties.
Therefore, my question to you is: What deadlines need to be met in the case of a termination due to owner occupancy and how much time do I have to move out? Are there any possibilities to extend the deadlines or are there any legal steps I can take against this?
Thank you in advance for your help and support.
Best regards,
Friedhelm Zollmann
Dear Mr. Zollmann,
Thank you for your inquiry regarding a termination due to own use. It is understandable that this situation is very unexpected and burdensome for you. I would like to explain to you in detail which deadlines must be met in such a case and what options you have.
First of all, it is important to know that a termination due to own use can only be issued by the landlord under certain conditions. The landlord must have a legitimate reason for own use, for example, if he wants to use the apartment himself or for close relatives. Additionally, he must deliver the termination to you in writing and comply with the statutory notice periods.
The statutory notice periods for a termination due to own use are usually three to nine months, depending on how long you have been living in the apartment. Since you have been a tenant of the apartment for five years, the notice period in your case is likely six months. This means that you have six months after receiving the termination to move out.
However, there is also the possibility to extend the notice period if it is unreasonable for you. For example, you could apply for a hardship case if you can prove that you cannot find a suitable alternative due to the short deadlines and are facing financial or personal difficulties as a result. In such a case, the court could extend the notice period.
If you believe that the termination is unjustified or that the legal requirements have not been met, you could also take legal action against the termination. It would be advisable to consult a specialized attorney in tenancy law, who can review your rights and support you in enforcing your claims.
I hope that this information was helpful to you. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Oliver Hentschel
