Useful information
06.03.2025

Cancellation for personal use: When can a condominium owner give notice?

In Germany, a homeowner has the right to terminate a tenant's tenancy for personal use, but under strict conditions and legal regulations.

A termination for personal use is possible if the owner wishes to use the flat themselves or wants to make it available to a close family member. Here are the most important points:

Duty to give reasons: the owner must give detailed reasons for the cancellation in writing. This includes stating who wishes to use the flat (e.g. himself, his children, parents) and why the use is necessary.

Notice periods: The notice period depends on the duration of the tenancy:

Up to 5 years: 3 months notice period
5 to 8 years: 6 months notice period
Over 8 years: 9 months notice period

Hardship regulation: The tenant can object to the cancellation if this would represent an unreasonable hardship. Health difficulties or the advanced age of the tenant, for example, are reasons that can justify a hardship regulation.

Social clause: In special cases, the court can reject a termination for personal use if the tenant's social interests outweigh the landlord's interests.