When are tenants protected against “personal need” (Eigenbedarf)?

One word haunts all renters in Germany: “Eigenbedarfskündigung”. But under which circumstances are tenants protected against a landlord’s claim to “personal use”?

When does Eigenbedarf apply?

In Germany, around 52,8 percent of people rent, rather than own their home, making it the European Union country with the highest proportion of renters. Tenants stay in each rented home for an average of 11 years and are generally better protected against eviction than in many other EU countries.

However, claiming “personal need” (Eigenbedarf) to use their rental property is a common route landlords take to evict tenants. Landlords can invoke their right to personal use if they want to use the property or want to let their close family members - children, grandchildren, parents, grandparents and siblings all count, but cousins or in-laws don’t - use the property.

These rules are widely known; there are specific procedures landlords must follow to legally invoke their Eigenbedarf claim. Tenants are free to challenge the claim if they think it is not genuine, for example, if they suspect a landlord actually plans to move in new tenants and charge higher rent. Sometimes courts uphold the claim, and sometimes they rule in the tenants’ favour.

Some tenants are more extensively protected against eviction

Less well known is that tenants can also contest their eviction on a “hardship” basis. Certain kinds of tenants who are more vulnerable, such as people with serious illnesses, elderly people, tenants who are pregnant, people who are about to take exams, are at risk of suicide or those who have deep roots in the surrounding community, can challenge an Eigenbedarfskündigung on a hardship basis. 

“In such cases, tenants have the option to file an objection,” Freiburg-based housing lawyer Nico Bergerhoff told ntv.

If both parties maintain their claim, these cases often end up in court. Both parties will be asked to prove their claims, and a judge will decide which to uphold. Even if a landlord wins the claim, a judge can rule that the eviction be postponed to a later date.

There are several steps that tenants can take to strengthen their claim. For example, once they have received the Eigenbedarfskündigung, they must submit an objection and explain their vulnerable circumstances no later than two months before the end of the notice period. 

Tenants can also begin looking for a new place to live and record the procedure. Collecting rejection letters or proving difficulty finding a new rental home can strengthen the tenants’ case.