Skip to content

You are here:

Terminating a tenancy for own use

Rejecting alternative accommodation could eliminate grounds for claiming hardship

In many cases where tenancies are terminated for own use, the courts rule in favour of the tenants. However, if the landlady provides alternative accommodation then this improves the prospects in a recovery of possession case.

In a case that was decided by the local court (Amtsgericht, AG) in Munich (ruling from 27.10.2020, case reference: 473 C 2138/20), the tenant lived in a three-room flat on the third floor and paid almost €400 in rent prior to the termination of her tenancy because the landlady wished to have the flat for her own use. As an alternative, the landlady offered the tenant a flat on the fourth floor that was going to become vacant and where the rent would come to almost €650.

Contrary to the request for a reply within one month, the tenant allowed this deadline to expire and that was why the alternative flat was then rented out to other potential tenants. With help from the Mieterverein [an association that represents the interests of tenants], the tenant rejected the termination citing hardship and her severe disability. Subsequently, the landlady launched recovery of possession proceedings.

The AG found in favour of the landlady and based its decision on the grounds that by refusing the alternative flat without stating a reason the tenant had lost the possibility of appealing on any hardship arguments.

Back to top of page