Eigenbedarfskündigung: How to Justify It (2026)

What is an Eigenbedarfskündigung?

An Eigenbedarfskündigung (termination for the landlord's own use) is the ordinary termination of an open-ended residential tenancy because the landlord needs the flat as a home for themselves or a person close to them. It is the most common form of berechtigtes Interesse (legitimate interest) under § 573 BGB.

The key point: you need a concrete, genuine housing need of a person the law recognises – and you must state that need in the termination letter. A precautionary termination, or one made purely to raise the rent, is not allowed (§ 573 Abs. 1 S. 2 BGB).

The central rule (§ 573 Abs. 2 Nr. 2 BGB)

Eigenbedarf exists where you need the rooms as a home for yourself, your Familienangehörige (family members) or Angehörige your Haushalt (members of your household) (§ 573 Abs. 2 Nr. 2 BGB). The need must be reasonable and plausible; a mere wish is not enough.

Achtung: If you only fake Eigenbedarf, or conceal that the need fell away before move-out, you owe the tenant Schadensersatz (damages – moving, agent and higher-rent costs). Faked Eigenbedarf can also carry criminal consequences.

Who counts as a begünstigte Person (beneficiary)?

Only natural persons with a sufficiently close relationship to the landlord qualify:

• You yourself as landlord; with several landlords, the need of one suffices.
• Familienangehörige (family members) – children, parents, siblings, grandchildren, nieces and nephews; for more distant relatives the closeness must be additionally explained.
• Haushaltsangehörige (household members) – people who belong to the household, such as a carer or nurse.

A juristische Person (legal entity, e.g. a GmbH) cannot rely on Eigenbedarf under § 573 Abs. 2 Nr. 2 BGB.

How do I justify the termination correctly? (§ 573 Abs. 3 BGB)

The Kündigung (termination) must be in writing – signed by hand, no email, no fax (§ 568 Abs. 1 BGB). The letter must state the reasons for the legitimate interest (§ 573 Abs. 3 BGB). This Begründung (statement of reasons) is a condition of validity.

For Eigenbedarf it must include at least:

1. The begünstigte Person – named concretely (name or relationship, e.g. "my daughter").
2. The reason for the housing need – why this person needs this particular flat (e.g. marriage, starting a family, studying locally, care).
3. A pointer to the tenant's Widerspruchsrecht (right of objection) under §§ 574 to 574b BGB (§ 568 Abs. 2 BGB).

The Bundesgerichtshof (Federal Court of Justice) does not demand excessive detail, but it does require that the tenant can examine and assess the claimed need.

What notice period applies? (§ 573c BGB)

The ordinary Kündigungsfrist (notice period) rises with the tenancy length. The letter must arrive by the third working day of a calendar month to take effect at the end of the final month of the period.

Tenancy length so far	Landlord's Kündigungsfrist
up to 5 years	3 months
after 5 years	6 months
after 8 years	9 months

What if the tenant objects? (§ 574 BGB)

Under the Sozialklausel (social hardship clause) the tenant can lodge a Widerspruch (objection) and demand continuation of the tenancy if ending it would be an unzumutbare Härte (unreasonable hardship) for them, their family or a household member (§ 574 BGB). Recognised hardship grounds include old age with a long tenancy, serious illness, pregnancy or the lack of affordable replacement housing.

The Widerspruch must be in writing and lodged at least two months before the notice period ends (§ 574b Abs. 2 BGB). If the hardship prevails, the tenancy continues for a fixed or open-ended period.

Common mistakes

• Eigenbedarf not justified concretely (beneficiary and reason missing)
• Termination by a GmbH or association instead of a natural person
• Wrong notice period applied (3 months despite a long tenancy)
• Email or oral termination instead of written form (§ 568 BGB)
• Forgetting the pointer to the Widerspruchsrecht under § 574 BGB
• Not informing the tenant when the Eigenbedarf falls away before move-out → damages

Mit HausMaus geht das einfacher

HausMaus generates the Kündigung letter with Eigenbedarf as the ground and the correct Kündigungsfrist under § 573c BGB (3, 6 or 9 months) – ready to review before anything leaves the building. The letter can be sent directly as an Einschreiben (registered letter) and is filed audit-proof in the document vault under the relevant Mietakte (tenancy file), so the Begründung and the date of receipt stay provable at any time.

See pricing – 1 % of collected rent, free for tenants →