The Munich Tenants’ Association has observed a significant increase in recent years in the number of leases being terminated by landlords for purported personal use. The number of associated eviction lawsuits is also growing. Terminating a lease for personal use is often the only legal way to remove reliable tenants from a property. However, this is only permitted if the landlord or their close relatives genuinely need the apartment. On the other hand, it is often legally difficult for tenants to prove that the landlord’s claim of personal need was merely a pretext.
Munich Tenants’ Association Demands Changes to Burden of Proof for Personal Use Evictions
Even if tenants successfully prove in court that the personal need claim was fabricated, the eviction has often already been carried out. Tenants may then receive compensation, but they still lose their homes.
Furthermore, a key legal principle is that the landlord’s personal need must only exist up until the termination notice period expires. If the reason for the eviction suddenly disappears afterward, the tenant has very little recourse.
The Munich Tenants’ Association considers the current regulations for personal use evictions to be “fundamentally weak.” For instance, under the current rules, landlords could theoretically terminate a lease for a nephew or for an apartment to use on occasional opera visits.
Proving Personal Need
Tenants can cite reasons of extreme hardship that make moving impossible. However, courts often rule that even seriously ill individuals must vacate the property. The Tenants’ Association is demanding a significant tightening of the rules. They propose that termination for personal use should only be possible for the property owner themselves, or their own parents and children.
“Such a termination should only be permitted for the purpose of using the property as a primary residence. Additionally, the burden of proof must be reversed: landlords would then have to prove in court that a genuine personal need exists, rather than tenants having to prove that it does not,” the association stated.
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