Challenge Personal Use Eviction — Your Rights as a Tenant
Create a professional objection letter against a personal use eviction notice. The AI checks the legal requirements and drafts your objection under German Civil Code (BGB).
Important Tips
- The eviction notice must specifically name the person in need and their intended use (Section 573(2) No. 2 BGB) — vague statements are insufficient
- The statutory notice period depends on tenancy duration: 3 months (up to 5 years), 6 months (5-8 years), 9 months (over 8 years) — Section 573c BGB
- You can object under Section 574 BGB due to social hardship (e.g. old age, illness, pregnancy, lack of alternative housing)
- Fabricated personal need entitles you to damages — the landlord must be able to prove actual need
Notice Period
The objection to the personal use eviction must reach the landlord in writing no later than 2 months before the notice period expires (Section 574b(1) BGB). The landlord must inform you of your right to object in the notice — if this is missing, you can still raise the objection during eviction proceedings.
How It Works
Describe
Describe in plain language what you want to write.
AI Creates Your Letter
Our AI generates a professional letter in DIN 5008 format.
Sign & Receive
Sign digitally and receive the finished PDF by email.
Frequently Asked Questions
When is a personal use eviction invalid?
A personal use eviction is invalid if: the person in need is not specifically named, the personal need is fabricated, the notice period is not observed, the reasoning is too vague, or the landlord has a vacant alternative apartment in the same building and does not offer it to the tenant (duty to offer, Federal Court of Justice judgment of 14.12.2016, VIII ZR 232/15).
What is a hardship objection?
Under Section 574 BGB, you can object to the eviction if terminating the tenancy would constitute a hardship for you or your family that cannot be justified even considering the landlord's legitimate interests. Hardship grounds include: old age, serious illness, pregnancy, upcoming exams, lack of alternative housing, or deep roots in the social environment.
What notice periods apply for personal use eviction?
Notice periods depend on tenancy duration: up to 5 years = 3 months, 5-8 years = 6 months, over 8 years = 9 months (Section 573c(1) BGB). The notice must be received by the third business day of a calendar month and takes effect at the end of the following month.
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