As of: February 6, 2024, 3:05 p.m
By: Franziska Kaindl
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If a landlord registers their own use for the apartment, tenants usually have to vacate the property.
However, a court ruling now protects tenants in the event of a lack of living space.
Anyone who has lived in an affordable apartment for several years and has integrated into the surrounding area is reluctant to give it up given the skyrocketing rent prices.
It's a big shock when the landlord suddenly announces his own needs in order to be able to use the accommodation himself.
However, he must be able to clearly justify why he needs the apartment - or not another one, for example, if he owns several apartments.
And even if the notice of termination for personal use is effective, the tenants do not necessarily have to move out, as the Berlin district court decided in January 2024 (Az. 67 S 264/22).
Effective termination for personal use: Tenants are allowed to stay in the apartment
Even if the notice of termination for personal use is effective, tenants do not necessarily have to move out.
© Pond5 Images/Imago
Initially, the landlord's eviction action was rejected by the Berlin-Mitte district court in September 2022 on the grounds that the notice of termination for personal use was formally ineffective.
However, the Berlin Regional Court decided on appeal that the termination was effective - but at the same time it ordered that the tenants were allowed to stay in the apartment for the time being.
The judgment was based on the fact that it was not possible for the tenants to obtain suitable replacement living space under reasonable conditions.
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The background is the so-called social clause (Sections 574 Paragraphs 1 and 2 BGB): This stipulates that termination for personal use is not possible if it causes unreasonable hardship for the tenant.
After the notice of termination for personal use was announced, the tenants applied for a large number of apartments in the Berlin city area for almost two years.
However, they were unsuccessful due to the tight housing market in the capital and low supply.
The court therefore weighed up the landlord's interests and decided that these were not urgent enough, despite the effective termination for personal use.
Higher rent and continuation limited to two years
Nevertheless, the landlord doesn't leave empty-handed: the continuation of the tenancy agreement is limited to two years - so the tenants will probably have to move out sooner or later.
In addition, the court changed the previous contractual conditions of its own motion and increased the net rent owed to date to a standard market level.
However, the judgment is not yet legally binding.