Eigenbedarfskündigung: What Tenants Can Do (2026)

You have received an Eigenbedarfskündigung – the key points first

An Eigenbedarfskündigung (termination for the landlord's personal use) is a notice in which your landlord ends the tenancy because they want to use the flat themselves – for themselves, a family member, or a member of their household (§ 573 Abs. 2 Nr. 2 BGB). It can feel final. It is not: the law sets strict requirements for such a notice, and you have several ways to push back.

The most important point up front: do not move out straight away. First check whether the Kündigung (termination notice) is formally valid – and keep two deadlines in view: your Kündigungsfrist (notice period; § 573c BGB) and the deadline for your Widerspruch (objection; § 574b BGB). We walk through both step by step below. Right now, staying calm and watching the deadlines are your best allies.

Is the Eigenbedarfskündigung valid? (§ 573 Abs. 2 and 3 BGB)

An Eigenbedarfskündigung is only valid if it meets all of these requirements:

• A concrete, named reason: the landlord must state which person needs the flat and why (§ 573 Abs. 2 Nr. 2 BGB). A blanket "for personal use" is not enough.
• Reason in the notice itself: the reason must already appear in the written notice (§ 573 Abs. 3 BGB). It generally cannot be added later.
• Written form and signature: the Kündigung must be in writing and signed by the landlord's own hand (§ 568, § 126 BGB). Email or WhatsApp are invalid.
• An eligible person: Eigenbedarf only covers the landlord, family members, or members of their household. A distant acquaintance or a pure financial motive does not qualify.

If any of these is missing – for example the named person or the concrete reason – the Kündigung is invalid and you do not have to move out.

What notice period (Kündigungsfrist) do I have? (§ 573c BGB)

For Eigenbedarf the period depends on how long you have already lived there. The longer your tenancy, the longer the landlord's Kündigungsfrist (§ 573c Abs. 1 BGB):

Length of tenancy	Landlord's Kündigungsfrist
under 5 years	3 months
from 5 years	6 months
from 8 years	9 months

The notice must reach you by the third business day (Werktag) of a calendar month for that month to count as the first of the period. A shorter period named in the contract or letter is invalid – the statutory period then applies automatically. What matters is when the notice reaches you (Zugang), not the date on the letter.

How do I push back? Widerspruch on hardship grounds (§ 574 BGB)

Even if the notice is formally correct, you do not have to accept it. Through the Sozialklausel (social-hardship clause; § 574 BGB) you can file a Widerspruch (objection) and demand continuation of the tenancy if moving out would mean an unzumutbare Härte (unreasonable hardship) for you, your family, or a member of your household.

A Härte (hardship) may exist where:

Hardship ground	Examples
Health and age	high age, serious illness, frailty, need for care, pregnancy
Life situation	very long residence and deep roots, a child's upcoming exams or final school year
Housing market	no adequate replacement housing available on reasonable terms (§ 574 Abs. 2 BGB)

A court weighs your Härte against the landlord's legitimate interest. The stronger and better-documented your grounds (for example a doctor's certificate or a documented flat search), the better the Widerspruch's chances.

Achtung: Do not just move out, and do not wait it out. File the Widerspruch in Textform (text form) – at the latest two months before the Kündigungsfrist ends (§ 574b Abs. 1 BGB), and send it provably. Miss that deadline and you generally lose the right under § 574. And: if the named person does not move in after you leave, the Eigenbedarf may have been vorgetäuscht (fabricated) – which entitles you to Schadensersatz (damages) for moving costs, broker fees and the rent difference (§ 280 i.V.m. § 573 BGB).

Step by step after you receive the notice

1. Check the form: does the letter name a concrete person and a concrete reason? Is it in writing and signed (§ 573 Abs. 2 and 3, § 568 BGB)?
2. Check the Frist: was the correct Kündigungsfrist for your tenancy length used (§ 573c BGB)? Count from when the notice reached you.
3. Note the Widerspruch deadline: mark the date "two months before the Frist ends" (§ 574b BGB) – that is your deadline to object.
4. Gather hardship evidence: doctor's certificates, proof of your flat search, evidence of tenancy length and life situation.
5. Write the Widerspruch: in Textform, with your hardship reasons, sent provably (Einwurf-Einschreiben / registered post).
6. Get advice: if unsure, involve a Mieterverein (tenants' association) or a lawyer specialised in Mietrecht – especially if the landlord threatens a Räumungsklage (eviction suit).

Common mistakes

• Moving out immediately: an invalid or contestable Kündigung does not gain validity because you leave voluntarily – and you give away your rights.
• Missing the Widerspruch deadline: fail to object at least two months before the Frist ends and you usually lose the right under § 574 BGB for good.
• Objecting only verbally: a phone call is not enough – the Widerspruch must be in Textform and reach the landlord provably (§ 574b BGB).
• Not checking the Kündigungsfrist: long tenancies get 6 or 9 months – too short a period makes the stated move-out date challengeable.
• Not watching the move-in: if you never check whether the named person actually moves in, you may overlook a Schadensersatz claim for fabricated Eigenbedarf.

Mit HausMaus geht das einfacher

HausMaus is free for tenants. In the deadlines tracker (Fristen-Tracker) you log the Eigenbedarfskündigung, and the app keeps both the Kündigungsfrist under § 573c BGB and the Widerspruch deadline under § 574b BGB in view and reminds you in time. In the rights toolkit, the "ask" helper answers your questions about the Kündigung and helps you draft your Widerspruch, and you keep all your correspondence safe in the document vault – so no deadline and no proof slips away.

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