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ROUTE

Notice for the landlord’s own use

Check the reasoning and form, calculate the real three, six or nine month period, object under the hardship clause and move out without losing claims.

βœ“ Checked: 01/08/2026

Notice for the landlord’s own use is practically the only route by which a German landlord recovers an occupied flat, and the law hedges it with conditions. The letter must name a specific person and a specific reason: general phrases do not qualify, and nothing can be added later in court.

  1. 1

    STEP

    Check the letter: without reasons it is invalid

    The landlord must name a specific person and a specific need in the letter. General phrases about needing the flat do not satisfy the law.

  2. 2

    STEP

    Notice periods: three, six or nine months

    The notice period depends on how long you have lived in the flat. After five and after eight years it extends by three months each time.

  3. 3

    STEP

    Objecting under the hardship clause

    Even where the notice is formally flawless, a tenant may object if leaving would cause particular hardship. The objection is made in writing and within a deadline.

  4. 4

    STEP

    If you move out: what you can claim

    Agreeing to leave does not mean giving up everything. If the claimed need turns out to be fabricated, damages come into play β€” worth remembering before the move.

β€Ί More about this route

This four-step route proceeds in order: check the letter for form and reasoning, calculate the real notice period, file an objection under the hardship clause where grounds exist, and β€” if you do move β€” move in a way that keeps later claims possible.

The thing to grasp immediately: receiving such a letter does not mean being out in three months. The period depends on how long you have lived there and reaches nine months for a long tenancy β€” and the calculation is more often wrong in your favour.

WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME

FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE

Can a landlord simply ask me to leave?β–Ύ

No. They need written notice with a statutory ground, and for own use with a named person and a concrete reason why this particular flat is needed. A verbal request creates no obligation to move at all.

How much time do I get to move?β–Ύ

The basic period is three months, extending by three after five years and a further three after eight years of tenancy. For a long tenancy that means six or nine months β€” worth calculating yourself on day one.

What does a hardship objection achieve?β–Ύ

Not cancellation of the notice but continuation of the tenancy, for a fixed period or indefinitely. The basis is hardship circumstances such as age, illness, pregnancy or a very long tenancy, together with demonstrably unavailable alternative housing.

What if nobody moves in afterwards?β–Ύ

Then the need may have been pretended and damages may follow: removal costs, agent commission, the rent difference. The former tenant must show this, so the letter, the correspondence and the receipts belong secured at the time of the move.

WHAT USUALLY COMES NEXT

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