Personal use termination for others

Published by

the protected group of persons

Because of personal needs you can not only cancel for yourself as an owner, but also for others. § 573 Paragraph 2 Number 2 BGB defines the legitimate interest of the landlord far, namely if he

"The rooms are needed as an apartment for themselves, their family members or household members".

So there are three categories: "himself" is the landlord himself, "family members" is the family and "members of his household" is for example an AuPair or the Polish nurse, who lives with the landlord.


If several people rent, then it is enough if one of them has a need. The classic case is the separated life of spouses, who own the property together.

Of course, one has to differentiate exactly who "landlord" is. If parents transfer their property to their children during their lifetime, but the usufruct (ie the economic exploitation), then the parents are the landlord, not the owner (Civil Code § 567).

"Landlord" you are only with entry in the land register. An acquirer can not cancel before that, even with the power of the owner-to-be: the landlord, ie the owner, has no own use and the acquirer does not belong to the protected group of people, as long as he is not registered in the land register and thus landlord.

Legal persons (GmbH, AG) or associations can not live on their own. However, a commercial partnership (oHG, KG) may have a need for one of its partners to live, if necessary for operational reasons (so-called "operational requirements"). I will discuss that in a separate post.

A GbR is treated by the BGH as a lessor, so it can cancel one of its shareholders because of its own needs. The condition is, however, that this person was already a shareholder at the conclusion of the lease (BGH VIII ZR 271 / 06).

"His family members"

For some generations, we are all somehow related to each other or by marriage, so you have to draw a line somewhere. But that is very far.

A definition was made (for other purposes) in § 8 para. 2 of the Second Housing Act tries, it is often referred to. They are considered family members there

  • der Ehegatte,
  • Relatives in a straight line,
  • Related second and third degree in the sideline,
  • In a straight line,
  • Concerned second and third degree in the sideline,
  • Foster children irrespective of their age and foster parents.

In the literature this is partly criticized as too broad.

The BGH is based on the rules on the right to refuse to give evidence for personal reasons (§ 383 ZPO, § 52 StPO). After that belong to the privileged persons

  • the fiancee
  • the spouse
  • the former spouse
  • the life partner
  • the former life partner
  • Relatives in straight line
  • Somebody in a straight line
  • former brothers in a straight line
  • Relatives in the sideline to the third degree
  • Married in the sideline to the second degree
  • former siblings in sideline to second degree.

However, this is not true. The court must examine whether the person's proximity to the owner is so close that a privilege is justified. The regulations on the right to refuse to give evidence give the BGH (VIII ZR 159 / 09) only a starting point for the assumption of a close social bond, which he understands as an unwritten feature of personal needs. The farther apart the person concerned is in the degrees of relationship, the more must be presented to the personal proximity relationship in the termination and in the process. With fiancee, the divorced spouse, the former partner or the former brother-in-law, the air is thin and the court can deny the privilege in individual cases.

In any case, the spouse, the straight relatives and by-laws, i.e. parents, grandparents, children, grandchildren, great-grandchildren, and relatives in the sideline up to the specified degree, i.e. siblings, nieces, nephews, parents-in-law and brother-in-law, are certainly privileged. The stepson and stepdaughter were also recognized by the courts, but also rejected once - it depends on the specific facts.

"Member of his household"

Household members include all family members and other persons who live together permanently with the landlord, ie also carers and stepchildren, elective relatives, home helpers, caregivers, employees, AuPair, etc. A legitimate interest in the admission of a carer does not presuppose that she already lives with the landlord: additional space is required, because the landlord wants to accommodate a person not yet living in his household as a housemaid, nurse or caretaker in his own household and therefore wants to move into a larger apartment, there is an own need. If the person in question is to move into his own apartment outside the landlord's home, own use is only granted if it had previously been housed in the landlord's household.

Termination and trial by a lawyer

Self-fire terminations are demanding and it depends a lot on their correctness. Therefore, I usually recommend not to do that yourself, but to hire a lawyer to do so, even if the termination letter is not covered by any existing legal expenses insurance. The legal fees are more favorable than a process lost due to form errors or reasoning defects.

In my chancellery We deal regularly with self-supply matters and represent you promptly and qualified if necessary. What documents we need from you, you will find here.

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.