Eigenbedarfskündigung: How to Justify It (2026)
Eigenbedarfskündigung: How to Justify It
Only with the person named and a concrete ground in the notice itself (§ 573 Abs. 2 Nr. 2, Abs. 3 BGB).
The period is three, six or nine months depending on the length of the tenancy (§ 573c BGB). Pretending own use makes you liable to the tenant in damages.
§ 573 Abs. 2 Nr. 2 BGBIn 60 seconds
Own use only holds where you need the flat for yourself, a family member or a member of your household (§ 573 Abs. 2 Nr. 2 BGB).
Those who qualify: you (where there are several landlords, one person's need is enough), family members such as children, parents, siblings, grandchildren, nieces and nephews, and members of your household.
The notice must name the person benefiting concretely, give the ground of their housing need, and point out the right to object under §§ 574 to 574b BGB.
The reasons must already be in the notice; they cannot normally be added later (§ 573 Abs. 3 BGB).
Pretending own use, or concealing that the need has fallen away before the tenant moves out, makes you liable for removal, agency and additional costs, and can have criminal consequences.
What the law says
A legitimate interest of the landlord in ending the tenancy exists in particular where they need the premises as a dwelling for themselves, their family members or members of their household. The grounds must be stated in the notice under § 573 Abs. 3 BGB. Working translation; the German original is the binding text.
What notice period applies?
| Tenancy so far | Landlord's notice period |
|---|---|
| up to 5 years | 3 months |
| after 5 years | 6 months |
| after 8 years | 9 months |
Where the tenant objects under § 574 BGB (the social clause), the court weighs their hardship against your interest in obtaining the flat.
Related: Termination by the landlord and Eviction proceedings.
What it means for each side
- Check the person and the ground appear concretely. "own use" alone is not enough.
- Check the period against the length of your tenancy.
- The social-clause objection is time-limited (§ 574b BGB).
- If the named person never moves in, damages may follow.
- Name the person benefiting and their housing need concretely.
- Point out the right to object (§ 568 Abs. 2 BGB).
- Tell the tenant if the need falls away before they move out.
- Expect an objection under § 574 BGB and prepare the balancing.
Common mistakes
Without a named person and a concrete ground the notice does not hold.
They must already be in the notice (§ 573 Abs. 3 BGB).
§ 568 Abs. 2 BGB provides for it.
That is equivalent to pretending it and gives the tenant a damages claim.
What to do next
Check the need genuinely exists and who benefits.
Establish the length of the tenancy and derive the period under § 573c BGB.
Draft the notice: the person, the ground of the housing need, the pointer to the right to object.
Deliver provably and be ready for an objection under § 574 BGB.
Frequently asked questions
Who can I claim Eigenbedarf for?
For yourself, your Familienangehörige (family members such as children, parents, siblings) and members of your household such as a carer (§ 573 Abs. 2 Nr. 2 BGB). If several people are landlords, the need of just one of them is enough. A juristische Person (legal entity, e.g. a GmbH) cannot rely on Eigenbedarf.
What must the termination letter contain?
The Kündigung (termination) must be in writing and must name the beneficiary plus the concrete reason for the housing need (§ 573 Abs. 3, § 568 Abs. 1 BGB). This Begründung (statement of reasons) is a condition of validity: if it is missing or too vague, the termination is void.
What notice period applies for Eigenbedarf?
It depends on the tenancy length (§ 573c Abs. 1 BGB): 3 months up to 5 years, 6 months after 5 years, 9 months after 8 years. The letter must arrive by the third working day of a month to take effect at the end of the final month of the period.
Can the tenant object to the Eigenbedarfskündigung?
Yes. Under the Sozialklausel (social hardship clause, § 574 BGB) the tenant can demand continuation of the tenancy if ending it would be an unzumutbare Härte (unreasonable hardship). E.g. old age, serious illness, pregnancy or no affordable replacement housing. The Widerspruch (objection) must be in writing at least two months before the notice period ends (§ 574b Abs. 2 BGB).
What happens if I only fake Eigenbedarf?
If the claimed need never existed, or fell away before move-out and you did not tell the tenant, you owe Schadensersatz (damages). Moving costs, agent fees and the extra rent of a more expensive flat. Faked Eigenbedarf can also have criminal consequences.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.