Landlords who give notice of termination to their tenants due to their own needs must provide concrete reasons for doing so. In the case at hand (AZ 67 S 249/19), the tenants of an apartment in Berlin were to move out because the tenant, who lives outside of Berlin, wanted to temporarily move into the apartment herself. Since the property is a second home, the landlady merely stated that she wanted to use it herself for "necessary stays".
Since the tenants refused to accept the notice of termination of their own need, the landlady filed a lawsuit. She demanded that the tenants vacate the apartment and move out. She did not give any concrete reasons about the duration and precise formulations for the notice of own need. The ruling of the Berlin-Mitte Local Court was therefore in favor of the tenants. After examining the facts of the case, the court ruled that the notice of own need was invalid. The landlady's appeal to the Berlin Regional Court was also unsuccessful.
This is because certain formal requirements are necessary in order to enforce a notice of termination for own use in accordance with Section 573 (3) of the German Civil Code (BGB). Thus, the landlord would have had to justify that she has a legitimate interest in moving into the apartment herself. The formulation of the interest in use must indicate for what reason and to what extent the apartment is to be used. Information on the duration and intensity of use is therefore required, according to the court ruling, and must be logical and comprehensible. Insufficient information on the part of the landlord, as was the case here, does not justify a right to terminate an owner-occupied dwelling pursuant to Section 573 (2) No. 2 of the German Civil Code (BGB).
Source: LG Berlin
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