Eigenbedarfskündigung: check it and object
How to check whether a notice for Eigenbedarf (the landlord's own use) is valid, and how to object on hardship grounds.
Do not move out straight away. First check that the notice letter names a person and a reason and is signed by hand. You can object on hardship grounds in text form, no later than two months before the notice period ends.
What to check when the notice arrives
An Eigenbedarfskündigung has fixed rules on form, deadline and reasons. Go through these points one by one.
- 1
Who needs the flat, and why
The letter must say who needs the flat and why. Just writing “for own use” is not enough.
- 2
A handwritten signature
The notice must be in writing and signed by hand.
- 3
The notice period
The landlord's notice period is 3 months. It is 6 months after 5 years of tenancy and 9 months after 8 years.
- 4
Your deadline to object
Your objection must reach the landlord no later than two months before the notice period ends.
- 5
What counts as hardship
Hardship can be, for example, serious illness, old age or having no suitable flat to move to.
- 6
Send it so you can prove it
Send the objection in text form and in a way you can prove, for example by Einwurf-Einschreiben (registered post delivered to the letterbox).
Why this matters
Under § 574 BGB, you can object to a notice if moving out would be a hardship for you or your family that cannot be justified. Under § 574b BGB, you must make the objection in text form no later than two months before the tenancy ends.
General information, not legal advice.
Frequently asked questions
Is my Eigenbedarfskündigung even valid?
An Eigenbedarfskündigung is only valid if the letter names the person who needs the flat and the reason why (§ 573 Abs. 2 Nr. 2 and Abs. 3 BGB). Just writing “for own use” is not enough.
By when do I have to object to an Eigenbedarfskündigung?
Your objection must reach the landlord in text form no later than two months before the notice period ends (§ 574b BGB). Give your hardship grounds, for example serious illness, old age or having no suitable flat to move to.
What can I do if the Eigenbedarf was fabricated?
If the Eigenbedarf was fabricated, you can claim compensation (§ 280 i.V.m. § 573 BGB), for example for moving costs, broker fees and the higher new rent. If the named person does not move in, the landlord must explain why.
Also in this topic: Leaving your lease early in Germany: NachmieterCO₂ costs: does the landlord pay too? (CO2KostAufG 2026)How to check your Heizkostenabrechnung as a tenantAll guides: Termination
Do you have to move out because of Eigenbedarf?
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