Own use: care of relatives justifies termination of contract

  • 3 years ago

If someone has to care for a close relative and wants to move into the same house to do so, he can give notice to the current tenants on the grounds of personal need. This is the result of a ruling by the Munich Local Court (file number 453 C 3432/21). In the case in question, a grandniece had filed a lawsuit against the tenants - an elderly couple - after the failure of pre-court settlement negotiations and was ultimately proven right.

The great-niece undertook to support her great-aunt and great-uncle (both over 80 years old) with shopping, errands and visits to the doctor. In return, the great-aunt and great-uncle transferred an apartment to her in exchange for a monthly annuity of 800 euros.

She justified the termination on the grounds of own need by saying that she had to pay 1,300 euros in rent for her 50-square-meter, two-room apartment about three kilometers away, that she had been working in a home office and needed a study not just since Corona, and that she could quickly support her great-aunt and great-uncle in an emergency. The elderly couple occupying the apartment was therefore ordered to move out by the district court.

Source: Munich Local Court (AZ 453 C 3432/21)
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