Termination for personal use is one of the ordinary termination rights according to § 573 Abs. 2 Nr. 2 BGB, here it says i.w.S. “The landlord can only cancel, if he has a legitimate interest in the termination of the tenancy. […] In particular, the landlord has a legitimate interest in the termination of the tenancy, if the landlord uses the rooms as an apartment for himself, requires his family members or members of his household […].

family members or. relatives are in a straight line. in sidelines up to 3. Degree relatives as well as in-laws up to the second degree, z.B. the parents, the children, that single, the siblings, the biological nieces and nephews as well as the brother-in-law of the landlord, as well as the spouse, fiancee, life partner, stepchildren and in-laws. For all other family members, social contact and moral ties are important, e.g. which justify maintenance payments.

letter of resignation

• The personal requirement must be specified in the letter of termination. This means it has to be the person, who uses the property are named.
• The landlord must explain comprehensibly and reasonably, why he needs the property. If the landlord has several alternatives, the justification must be based on the property to be terminated. The justification is often a point of contention.
• Depending on the existing term of the rental agreement to be terminated, the notice period can be up to 9 months (ab 8 years rental period) be. At 5 years is the notice period 3 Sweet, at 5 years rental period to six months.

Any notice of termination for personal use must be justified. If it turns out in a legal dispute, that the dismissal was unlawful, claims for damages in favor of the tenant can be derived from this.