Eigenbedarfskündigung: how to justify it
What your notice letter must say so that an Eigenbedarfskündigung (notice for own use) is valid.
In the letter, name the person who will move in and explain their specific need for the flat. Keep to the notice period of three, six or nine months, and tell the tenant about their right to object.
What an Eigenbedarfskündigung must contain
The letter must name the person and give the reason. As a rule, you cannot add them later.
- 1
Who will move in
Name the person. Eigenbedarf (the landlord's own use) covers yourself, your family and members of your household.
- 2
Why they need the flat
Explain why exactly this person needs the flat, and give specific reasons.
- 3
The notice period
The notice period is three, six or nine months, depending on how long the tenancy has run (§ 573c BGB).
- 4
The tenant's right to object
In the letter, tell the tenant about their right to object (§ 568 Abs. 2 BGB).
- 5
Tell the tenant if things change
If the flat is no longer needed before the tenant moves out, tell the tenant.
- 6
Do not fake own use
If you fake own use, you owe the tenant compensation, for example for the cost of moving and the estate agent.
Why this matters
Under § 573 Abs. 2 Nr. 2 BGB, you can give notice if you need the flat for yourself, your family or members of your household. Under § 573 Abs. 3 BGB, you must state the reasons in the notice letter.
General information, not legal advice.
Frequently asked questions
Who can I claim Eigenbedarf for?
You can claim Eigenbedarf for yourself, for family members such as children, parents or siblings, and for members of your household (§ 573 Abs. 2 Nr. 2 BGB). A GmbH cannot claim Eigenbedarf.
How long is the notice period for an Eigenbedarfskündigung?
The notice period for an Eigenbedarfskündigung is three, six or nine months, depending on how long the tenancy has run (§ 573c BGB). The letter must also name the person who will move in and explain their specific need for the flat.
Can the tenant object to the Eigenbedarfskündigung?
Yes, the tenant can object under the Sozialklausel (§ 574 BGB) if moving out would be an unreasonable hardship for them, for example because of old age or serious illness. The objection must reach you in writing at least two months before the notice period ends (§ 574b Abs. 2 BGB).
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