Eigenbedarfskündigung: What Tenants Can Do (2026)
Eigenbedarfskündigung: What Tenants Can Do
First check the form and the period, then object on hardship grounds (the social clause, § 574 BGB).
The landlord must give a concrete, named ground in the notice: who needs the flat and why (§ 573 Abs. 2 Nr. 2 and Abs. 3 BGB). A bare "for own use" is not enough.
§ 574 Abs. 1 BGBIn 60 seconds
The landlord must state which person needs the flat and why; a bare "for own use" does not suffice (§ 573 Abs. 2 Nr. 2 BGB).
The ground must already be in the notice, it cannot normally be added later (§ 573 Abs. 3 BGB), and the notice must be in writing and signed by hand (§§ 568, 126 BGB).
Own use covers only the landlord themselves, family members or members of their household; not a distant acquaintance and not a pure investment.
The hardship objection must be made in text form and no later than two months before the notice period ends (§ 574b Abs. 1 BGB), or the right is as a rule lost.
If the named person never moves in after you leave, the own use may have been pretended, and damages for removal, agency fees and the rent difference may follow.
What the law says
The tenant may object to the notice and require the landlord to continue the tenancy where ending it would be a hardship for them, their family or another member of their household that cannot be justified even weighing the landlord's legitimate interests. Under § 574b BGB the objection must be declared in text form no later than two months before the tenancy ends. 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 |
What counts as hardship
| Ground | Examples |
|---|---|
| Health and age | advanced age, serious illness, frailty, need for care, pregnancy |
| Circumstances | a very long tenancy and deep local ties, a child's imminent exams or school leaving |
| Housing market | no adequate replacement housing available on reasonable terms (§ 574 Abs. 2 BGB) |
What it means for each side
- Do not move out at once. An ineffective notice does not become effective because you leave voluntarily.
- Mark the day two months before the period ends as your deadline.
- Gather evidence: medical certificates, records of your flat search, length of tenancy, circumstances.
- Send the objection provably, for instance by recorded delivery.
- Name the person and the ground concretely, otherwise the notice does not hold.
- Point out the right to object.
- Expect the balancing under § 574 BGB.
- Say so if the need falls away before the move-out.
Common mistakes
An ineffective or challengeable notice does not lose that character because you leave voluntarily, and you give away your rights.
Two months before the notice period ends is the cut-off (§ 574b Abs. 1 BGB).
The objection needs text form and proof of delivery.
It follows the length of your tenancy, three, six or nine months (§ 573c BGB).
What to do next
Check the form: a concrete person and ground in the notice, in writing and signed?
Check the period: was the right notice period for your tenancy observed? Count from receipt.
Note the objection deadline, two months before the end, and back up your hardship grounds.
Send the objection in text form with reasons, provably, and involve a tenants' association or specialist lawyer if unsure.
Frequently asked questions
Is my Eigenbedarfskündigung even valid?
Only if the landlord names a concrete Eigenbedarf (personal-use need) in the written notice: for which person (themselves, a family member, or a member of their household) they need the flat, and why (§ 573 Abs. 2 Nr. 2 BGB). The reason must already be stated in the notice itself (§ 573 Abs. 3 BGB), and the notice must be in writing and signed by hand. A bare phrase like 'for personal use' without a named person is not enough. Such a Kündigung is invalid.
What notice period (Kündigungsfrist) applies for Eigenbedarf?
The Kündigungsfrist set by law depends on how long you have lived there (§ 573c Abs. 1 BGB): up to 5 years 3 months, from 5 years 6 months, from 8 years 9 months. The notice must reach you by the third business day of a month for that month to count. A shorter period than the one in the law is invalid.
How do I file a Widerspruch against the Eigenbedarfskündigung?
You declare to the landlord, in Textform (text form; § 574b BGB), that you object (Widerspruch) to the Kündigung and demand continuation of the tenancy, stating your hardship grounds. You must do this no later than two months before the Kündigungsfrist ends (§ 574b Abs. 1 BGB). Send it provably: ideally by registered post (Einwurf-Einschreiben).
What counts as a Härtefall (hardship case) under § 574 BGB?
A Härte (hardship) exists where ending the tenancy cannot be justified against the landlord's interest (§ 574 Abs. 1 BGB), for example high age, serious illness or frailty, pregnancy, very long residence, a child's exams or final school year, or being unable to find adequate replacement housing on reasonable terms (§ 574 Abs. 2 BGB). A court weighs your Härte against the landlord's interest.
What can I do if the Eigenbedarf was only fabricated (vorgetäuscht)?
If the supposedly needy person does not move in after you leave, the Eigenbedarf may have been fabricated. You then have a claim to Schadensersatz (damages) under § 280 i.V.m. § 573 BGB: moving costs, broker fees, the rent difference for your new flat, and other follow-on costs. The landlord must plausibly explain why the need fell away, otherwise the facts point to a fabricated claim.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.