Personal use is always an issue, Haus & Grund is one of them small booklet out. Even better is the personal training: a few days ago, we held a seminar. The aim was to provide the participants with a structured overview so that questions arising in practice can be assessed. In addition to administrators and owners, the topic is especially for Broker interesting.
The German tenancy law provides more or less imperative that residential leases are indefinite. In Berlin, moreover, living space that the owner does not live in must be rented out compulsorily; if it is empty for longer than 3 months, this is considered as misuse and is an administrative offense that is threatened with a fine of up to half a million euros. Such a mandatory open-ended apartment rental contract can only be terminated if the tenant is seriously misconduct, for example by not paying rent or violating contractual obligations despite warnings. There are two exceptions to this principle. Even without misconduct by the tenant, the landlord can terminate the contract if 1) he is otherwise prevented from an appropriate economic exploitation of the property and would suffer considerable disadvantages as a result, or 2) if he is required by himself. Exception 1) has such strict factual requirements that it is hardly ever present. This leaves personal use as essentially the only option permitted by law to terminate a tenant who is faithful to the contract.
If there is an internal requirement (1), the deadlines (2) and formalities (3) must be observed for the notice of termination. Then the tenant can contradict under certain conditions, in particular in the presence of a hardness (4). Furthermore, during the notice period, the landlord's needs may be removed or alternative living space may be vacated (5). The strategic creation of an own use case must finally include the process-related processes (6). Ours deals with these things seminar script; The in-depth discussion based on current Berlin case law, which we were able to carry out in the event with the participants, is not included in this, but then you have to sign up for our seminars and participate. But you get an overview of it.
Of house and reason there is a paperback for personal use (see here ), which is very suitable for further entry.