Eigenbedarfskündigung

frequent reasons for terminations due to personal needs

Recently, more and more mandates on personal use termination are approached to me. In most cases, there are two reasons:

• Renting is no longer worthwhile and therefore the owner is considering using the apartment for himself. Also, the image as a landlord is increasingly perceived as annoying, as non-renting apartment owners makes you feel more comfortable.
• The apartment was bought for the purpose of self-employment or the client is about to buy it, and wants to know if he can resign afterwards for personal use. Because he finds neither a suitable rental apartment nor an empty condominium on the market. So he buys a rented one and then announces it empty.

legal check before purchase

It is a good idea to have it checked before you buy, if a self-service termination afterwards is possible. Not only can the 10-year blocking period after conversion, which - many estimate wrongly - begin when the land register is rebooked by the first purchaser, not already at the time of the division. On the other hand, the rental agreement, which may contain an exclusion or special provisions protecting it from termination, may be opposed. Later tenant modernization agreements in forms from the 80 years include this as well. You should take a close look. Otherwise one buys for expensive money an apartment with a completely uneconomic tenancy, which one contrary to the expectations can not solve.

Declaration of termination by the lawyer

The notice of termination is the central hub of a dispute about personal needs. What is not there, is not considered in court, Nachschieben of termination in the process is not!

Both the deadlines and the instructions should be correct, so that the tenant in good time color because of any hard objections must confess.

In addition, a reaction period is part of, especially with long notice periods, so you can start early with the legal process. Then you are at the end of the notice period in the process already so far that it does not take forever. On the other hand, if you start the eviction action only after the notice period has expired, for example because you have not set a much earlier response time, then it will take another 6 to 9 months before the district court instance passes through, and another year at the district court. Until then, your life or that of those family members who actually wanted to move in has changed three times because you have switched from one intermediate solution to another and will eventually do something different.

Finally, one should calculate the tenant in the letter of termination that he owes loss of use in market height, if he does not move to the deadline. That can be quite a multiple of the last rent owed. So the tenant has no advantage if he artificially stretches the process: he still has removal costs and your cheap rent is then no longer valid. Then he can move in time. Many do not know this and then fall into a debt trap, which is of no use to the tenant or you.

Because of the centrality of the termination letter and all its components, I recommend that you do not do this yourself, but delegate it to your lawyer. There then runs the subsequent deadline control and it goes on quickly after reaching the respective date position.

do not wait with the eviction complaint!

It will not help you or the tenant if you wait with a law enforcement order. If the tenant asks you if he will get some time beyond the notice period because he will not find anything so fast then say yes, but only for double the rent for the first three months extension time and for another x Euro, if longer lasts. The pressure must rise so that there is a real motivation to move out as soon as possible after the end of the contract. Otherwise, the pressure only increases with you, because you can not get in.

If the tenant does not ask you or does not agree to your offer, then complain at the earliest opportunity. It also benefits the tenant, if the hearing on the eviction action takes place close to the end of the notice period and not months later. Because then the loss of use of the tenant in the usual market amount, which he must pay you, is not so high. Also your damages because of intermediate storage of things, own double rent or other storage costs for the waiting period are then lower, thus also the damages, which the tenant owes you.

Preparing your move

In general, the apartment is not in a state in which you want to move immediately. So that you can judge, you should visit soon after termination, with short notice periods even before. Discuss with the tenant if you are allowed to take pictures to plan work of art - for example, if you want to change the bathroom or floor plan or install a new kitchen, etc. Do not forget to take a picture of the fuse box for consultation with an electrician, if you have to do something. For the first considerations, it helps if you have an accurate picture of the current state and can impart the possible craftsmen in advance.

Then you can ask the tenant to also let the craftsmen in for the planning work, that is, for measurements of their respective areas and to make cost estimates. It currently takes quite a long time to receive cost offers, and even more execution dates. If you do not plan your own and you want to do it together with the executing companies, it takes even longer. From the first considerations to the possible execution date, it can take half a year, three months. So that the work can begin soon after the end of the lease, you must be commissioned accordingly earlier.

The tradesman appointments for your individual home remodeling show the tenant that it is not about to get rid of him under a pretext, then then as soon as possible expensive to rent further. This accusation is raised as often as it seldom applies. If you explain comprehensibly to the tenant that and why you want to move in, and if he sees that you are actively preparing your move-in and your own living through appropriate design, then suspicion sometimes breaks down. Because what you are doing there is something that the tenant really wants to do: set up in your own home the way you want it. He can understand that, it is something sympathetic in the matter. If you manage to establish a level and convey that you are just a dweller, not a capitalist, you may have spared both of you the eviction process.

Who knows, maybe he'll buy an apartment himself? At Haus & Grund Kreuzberg we help tenantswho want to change into home ownership, through discounted advice and contacts, for example to a cooperating financial advisor or to craftsmen or us lawyers.

Invest at the apartment level

For the construction of assets and passive income from real estate, especially one or more condominiums, I have written an ebook, you can find the link to Amazon here, If you prefer to keep it printed in your hand, you will find it here.