Notice for own use: what tenants and landlords need to know

Have you received a notice? Go to For tenants: your rights. Do you want to give notice for own use? Go to For landlords: giving notice the legally sound way.

What is a notice for own use?

A landlord can only give ordinary notice on an open-ended tenancy of residential space if they have a legitimate interest in ending it (Sec. 573 (1) BGB). Own use is the most common of these interests: the landlord needs the premises as a home for themselves, their family members or members of their household (Sec. 573 (2) no. 2 BGB). The law also names culpable, not insignificant breaches of contract by the tenant and being prevented from making appropriate economic use of the property.

"Needing" the flat does not mean the landlord has to be in distress. A serious, reasonable and comprehensible wish to use the flat themselves is enough. The courts generally respect the owner's plans for their life, but check whether the wish is genuine and whether the need is in reasonable proportion to the flat.

For whom can own use be claimed?

The law names three groups: the landlord themselves, their family members and the members of their household. Who counts as a family member has been shaped by case law. According to the Federal Court of Justice (Bundesgerichtshof, BGH, Germany's highest civil court), these are exclusively the persons who may refuse to testify in court for personal reasons (Sec. 383 ZPO, Sec. 52 StPO; Federal Court of Justice, judgment of 10 July 2024, VIII ZR 276/23).

Person	Own use possible?	Condition
Landlord themselves, spouse, registered civil partner	yes	none
Children, grandchildren, parents, grandparents	yes	none
Siblings	yes	none
Nieces, nephews, uncles, aunts	yes	none
Cousins and more distant relatives	no	not even with a close personal bond
Brother-in-law, sister-in-law, parents-in-law, children-in-law	yes	none
Partner, carer, au pair	yes, if a member of the household	already lives in one household with the landlord or is to be taken into it
Company with its own legal personality (GmbH, AG)	no	a legal entity cannot live anywhere itself

If the flat belongs to several persons, for example a community of heirs, the need of one co-owner may be sufficient. After a purchase, a blocking period may apply; more on this below.

Which reasons hold up and which do not?

Recognised reasons

• The landlord wants to move from a flat that is too small or too expensive into their own.
• A child moves out of the parental home and starts university or vocational training locally.
• Parents in need of care are to move nearby, or a carer is to live nearby.
• A growing family: the landlord's current flat becomes too small.
• Separation: one spouse needs a flat of their own.
• Return from abroad or a new job nearby.

Disputed cases

• Partly commercial use: If the flat is to serve mainly as an office or practice, this is not a residential need within the meaning of Sec. 573 (2) no. 2 BGB. However, there may be another legitimate interest under Sec. 573 (1) BGB.
• Only occasional use: A second home or holiday flat can be sufficient if the use is comprehensible and not just occasional.
• Conversion or merging: Anyone who wants to merge several flats must prove the specific residential need.

When own use is excluded

• Notice in reserve: The need must already exist specifically. The intention to move in "at some point" is not enough.
• Grossly excessive need: A large flat for a single person for weekend visits can be an abuse of rights.
• Foreseeable need: If the landlord gives notice shortly after concluding the tenancy agreement because of a need they already knew about when the contract was concluded, the notice can be an abuse of rights.
• Contractual exclusion: The tenancy agreement can exclude notice for own use, permanently or for a number of years.
• Legal entity as landlord: A GmbH or AG has no own use.
• Blocking period after conversion: If the flat was converted into a freehold flat and sold after you moved in, the buyer can only give notice after 3 years, in some areas up to 10 years (Sec. 577a BGB).

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Notice period for own use: 3, 6 or 9 months

The notice period for own use depends on how long you have already lived in the flat. It is 3 months and is extended by 3 months each after 5 and after 8 years since the handover (Sec. 573c (1) BGB). The notice must be received by the 3rd working day of a month at the latest for that month to count. What matters is the day of handover, usually the day you moved in, not the day the contract was signed.

Time since handover	Notice period	Received by	End of tenancy if received on 3 February 2027
under 5 years	3 months	3rd working day of the month	30 April 2027
from 5 years	6 months	3rd working day of the month	31 July 2027
from 8 years	9 months	3rd working day of the month	31 October 2027

Worked example for tenants: 3rd or 4th working day

You have lived in the flat since 2023. The notice is in your letterbox on Wednesday, 3 February 2027. That is the 3rd working day in February, so February counts: your tenancy ends on 30 April 2027. If the letter arrives one day later, on Thursday, 4 February, February no longer counts. The tenancy then only ends on 31 May 2027. One day's delay gives you a whole month.

Worked example for landlords: by when must the notice be received?

You want to move in on 1 October 2027, and your tenant has lived in the flat for 6 years. The 6-month period applies, so the tenancy must end on 30 September 2027. For this, the notice must be received by the 3rd working day in April 2027. 1 and 2 April are a Thursday and Friday, and 3 April is a Saturday. Saturday counts as a working day (Federal Court of Justice, judgment of 27 April 2005, VIII ZR 206/04), so the 3rd working day is Saturday, 3 April. The Federal Court of Justice left open whether the deadline moves to the following Monday under Sec. 193 BGB if the 3rd working day is a Saturday. You should not rely on that. You are on the safe side if the notice is received by Friday, 2 April 2027, better much earlier and with proof.

Long tenancies: 10, 15 or 20 years

The law provides for no more than 9 months, and that remains the case even after 15 or 20 years. An exception may apply to tenancy agreements in which the periods applicable at the time were agreed contractually before 1 September 2001, and not by standard terms and conditions, i.e. not by a pre-printed form clause (Art. 229 Sec. 3 (10) EGBGB): a period of 12 months may then apply to the landlord after 10 years. A long tenancy also plays a role in a hardship objection, because your roots in the neighbourhood grow over the years.

Period calculated incorrectly

If the landlord states a date that is too early, the notice is usually not invalid. It then takes effect on the next permissible date. That is why many landlords write "alternatively on the next permissible date" in the notice. For you as a tenant, this means: you do not have to move out on the wrong date, but you should not count on the whole notice failing.

Can the tenant move out earlier?

Yes. Your own notice is always subject to a period of 3 months, regardless of how long you have lived there (Sec. 573c (1) sentence 1 BGB). If you have received a notice for own use with a 9-month period and find a flat earlier, you can give notice yourself with 3 months. It is only faster with a termination agreement that you conclude with the landlord. It can also settle a moving-out date, removal costs or a compensation payment.

Tenant's deadline for objecting

If you want to object on grounds of hardship, your objection in text form must reach the landlord no later than 2 months before the end of the tenancy (Sec. 574b (1) and (2) BGB). If the landlord did not inform you in good time before this deadline of the right to object and of its form and deadline, you can still declare the objection at the first hearing of an eviction action (Sec. 574b (2) sentence 2 BGB).

Blocking period after purchase and conversion

If your rented flat was converted into a freehold flat and sold after you moved in, the buyer may give notice for own use 3 years after the acquisition at the earliest. The federal states can extend this period to up to 10 years in areas where housing is scarce (Sec. 577a BGB). The same applies if, after you moved in, the flat was sold to a partnership or to several buyers, unless they belong to the same family or the same household (Sec. 577a (1a) BGB). Only after that does the normal notice period begin. Details in the guide Notice for own use after a purchase.

After the end of the tenancy

If the tenant stays in the flat after the period has expired, the tenancy is tacitly extended for an indefinite period unless the landlord objects within 2 weeks (Sec. 545 BGB). The landlord can then bring an eviction action. The court can grant the tenant a period to vacate of no more than one year in total (Sec. 721 ZPO).

All periods for own use

Period	For whom	Length	Legal basis	Consequence if missed
Notice period	landlord	3, 6 or 9 months, received by the 3rd working day	Sec. 573c (1) BGB	notice only takes effect on the next date
Tenant's notice period	tenant	3 months, received by the 3rd working day	Sec. 573c (1) BGB	tenancy ends one month later
Objection on grounds of hardship	tenant	up to 2 months before the end of the tenancy, in text form	Sec. 574, 574b BGB	landlord can refuse continuation, exception if the notice of the right was missing
Blocking period after conversion	buyer	3 years, up to 10 years by state ordinance	Sec. 577a BGB	notice before expiry is invalid (Sec. 577a (1), Sec. 573 (1) BGB)
Objection to continued use	landlord	2 weeks from knowledge	Sec. 545 BGB	tenancy continues for an indefinite period
Period to vacate	court on application or of its own motion	no more than 1 year in total	Sec. 721 ZPO	file the application before the close of the oral hearing (Sec. 721 (1) sentence 2 ZPO); the court can also grant the period without an application

What the notice must look like

• Written form: The notice must be on paper with a handwritten signature (Sec. 568 (1) BGB). Email, text message or fax are not enough.
• Everyone involved: If there are several landlords, all must sign or be validly represented. If there are several tenants, the notice must be addressed to all of them.
• Reasons: The reasons must be stated in the letter (Sec. 573 (3) BGB). This includes the person for whom the flat is needed and the specific reason. A stock phrase such as "for own use" is not enough.
• Notice of the right to object: The landlord should point out the right to object and its form and deadline (Sec. 568 (2) BGB). If this notice is missing, the tenant has longer to object.
• Delivery with proof: Handing it over in person in front of witnesses or delivery by a messenger who knows the content are common methods. With registered mail delivered to the letterbox (Einwurf-Einschreiben), the content is not proven.

How such a letter is structured is shown in our guide with a template for a notice for own use [REDAKTION: Link auf eigenbedarfskuendigung-muster, sobald veröffentlicht].

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For tenants: your rights and next steps

A notice for own use does not mean you have to pack immediately. Until the end of the period, everything stays as before, and even afterwards nobody may remove you from the flat without a court judgment. Do not sign anything in the first excitement, not even a "confirmation of moving out".

Checklist: is the notice valid?

1. Is the notice in writing and signed by hand, by all landlords?
2. Is it addressed to all tenants named in the contract?
3. Does it name the person who needs the flat and a specific, comprehensible reason?
4. Does that person belong to the circle of family or household members?
5. Is the period correct for the time you have lived there, and when was the letter received?
6. Does your tenancy agreement exclude notice for own use, or is a blocking period after conversion running?
7. Could the landlord have foreseen the need when the contract was concluded?
8. Does the landlord have another vacant flat in the same building or the same residential complex that they would have to offer you?

Hardship objection

Even a valid notice does not have to lead to you moving out. If ending the tenancy would mean hardship for you or your family that cannot be justified even taking the landlord's interests into account, you can demand that the tenancy be continued (Sec. 574 BGB). Typical grounds of hardship are old age with specific consequences of a move (according to the case law of the Federal Court of Justice, age alone is not enough), serious illness, an advanced pregnancy, an upcoming exam or a lack of suitable alternative housing on reasonable terms. What always matters is the weighing of interests in the individual case. How to proceed if you cannot find a new flat is explained in the guide Own use: tenant cannot find a flat.

Compensation and moving-out agreement

There is no statutory right to a compensation payment for a notice for own use. In practice, however, it is often a matter of negotiation: if the landlord wants to move in earlier or avoid litigation, they often offer removal costs or a payment. How much is possible depends on how challengeable the notice is and how strong your grounds of hardship are. There is no fixed rule of thumb. Have a moving-out agreement reviewed before you sign.

Pretended own use

If the named person does not move in after you have moved out, or the flat is re-let at a higher rent or sold quickly, the own use may have been a pretext. The landlord then owes damages. The following may be recoverable:

• removal costs
• the difference between the old and the higher new rent for a certain period
• estate agent fees for the new flat
• costs of paying rent twice

If the need ceases before the notice period expires, the landlord must inform you. The claims usually become time-barred after 3 years from the end of the year in which the claim arose and you learned of the circumstances or should have learned of them without gross negligence (Sec. 195, 199 (1) BGB). So document who moves in after you have moved out.

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For landlords: giving notice the legally sound way

Check before giving notice

• Does your tenancy agreement permit notice for own use, or is it excluded?
• Is a blocking period under Sec. 577a BGB running after your purchase?
• Does the person who needs the flat belong to the protected circle, and is the need already specific?
• Are there recognisable grounds of hardship on the tenant's side (age, illness, children at school) that make an objection likely?

Formulating the reasons

Write specifically who is to move in, what their relationship to you is and why they need this particular flat. Circumstances such as starting university, a need for care, a growing family or a change of job belong in the letter, with the date. General or interchangeable wording is the most common reason why notices for own use fail in court.

Duty to offer an alternative flat

If you have a comparable flat in the same building or the same residential complex that becomes vacant before the notice period expires, you must offer it to the tenant.

When the need ceases

If the need ceases before the notice period has expired, for example because your daughter moves to another city after all, you must inform the tenant. They can then stay.

Use after the tenant moves out

The law does not set a fixed minimum period for how long you or your relative must use the flat after the tenant moves out. But if you do not move in at all, quickly re-let at a higher rent or sell, much suggests pretended own use. You then have to explain why your plans changed.

Checklist before sending

1. Contract checked for exclusion and blocking period
2. Person who needs the flat and degree of relationship named
3. Specific reason described, with the date
4. Period calculated according to the length of tenancy, receipt planned by the 3rd working day
5. Notice of the right to object, its form and deadline included
6. Alternative flats in your portfolio checked and offered where applicable
7. Signature of all landlords, addressed to all tenants
8. Delivery with proof arranged

The process up to eviction

1. Notice is received: From receipt, the notice period of 3, 6 or 9 months runs.
2. Deadline for objecting: Up to 2 months before the end of the tenancy, the tenant can object on grounds of hardship.
3. Negotiation: During this time, many parties settle the moving-out date and help with the move.
4. End of the tenancy: The tenant must vacate and return the flat. If they stay, they owe compensation for use for the period in which they withhold the flat, in the amount of the agreed rent or the rent customary in the area for comparable flats (Sec. 546a (1) BGB).
5. Objection to continued use: The landlord must object within 2 weeks, otherwise the tenancy continues (Sec. 545 BGB).
6. Eviction action: The local court (Amtsgericht) examines the notice and any objection.
7. Judgment and period to vacate: The court can grant a period to vacate of up to one year in total (Sec. 721 ZPO).
8. Forced eviction: Only with an enforceable order may a bailiff clear the flat. In cases of particular hardship, there is protection against enforcement (Sec. 765a ZPO).

How long an eviction action takes depends heavily on the court and on whether grounds of hardship have to be assessed by an expert.

Costs and legal expenses insurance

• Review by a lawyer: At Recht 24/7, a lawyer reviews your notice for own use at a fixed price. For landlords, according to the service page, the service also includes drafting the notice.
• Eviction action: Court and lawyers' fees depend on the amount in dispute. As a rule, this is the annual rent (Sec. 41 (2) GKG). Service charges only count if they are agreed as a flat rate and not billed separately (Sec. 41 (1) sentence 2 GKG). Whoever loses the case generally bears the costs of both sides (Sec. 91 ZPO).
• Legal expenses insurance: A module for housing and property law often covers own-use cases. Recht 24/7 works with all legal expenses insurers and, on request, bills representation in court directly to the insurer, provided it confirms cover.
• Representation in court: If the matter goes further, for example in eviction proceedings, our lawyers represent you throughout Germany at a fixed price agreed in advance.

For other questions about rent, deposits or notice, there is written advice from our tenancy lawyer, also at a fixed price.