Captive notice - you should be aware of as a landlord

Captive notice - you should be aware of as a landlord


The captive termination requires a genuine own needs.


As an owner, you are far from masters in their own house. At least not if you have several apartments for rent. Would you like to use one of the rented apartments and even terminate the tenant, you must meet the requirements of captive termination.

Content requirements of a captive termination

The requirements for a captive termination are high. § 573 BGB determined details.

  • It is crucial that you actually prove their own needs. You will need a legitimate interest. Such you have, if you need the apartment for yourself or a family or household members.
  • About this circle of people it is much controversy. It is important for household members that you and permanently live with such a person in a household for a long time. On the relationship is immaterial in this regard.
  • You will also have to use a will. A fake personal use only makes the dismissal void.
  • As a further point, you must demonstrate a use of interest. You must reasonable and understandable reasons indicate that justify the use of the dwelling for their own purposes. A typical case is that you want to leave your child home or you your previous residence has become too big and you need the smaller apartment the tenant. The business use justifies such an interest.

Formal requirements in your letter

  • In formal terms, you must make sure that you explain the captive always notice in writing. E-mail or fax are not enough.
  • Content, you are required to give all the circumstances giving rise to their own needs. This includes the name of the person for whom you make personal use claims.
  • The period of notice is the normal statutory notice period of three months if the tenancy is made less than five years.
  • You should also inform the tenant that he may object to the termination no later than two months before the expiry of the notice period. Otherwise, you risk that the tenant wishes to appeal even in the course of any judicial proceedings.

Special scheme for two-family dwellings

  • An exemption in the law if you as owners live in a two-family house and an apartment rents have (§ 573a BGB).
  • In this case, you may cancel at any time by law, without the need to prove the conditions for termination own use.

Note: This text is a guide. Pamper yourself in case of need legal advice and avoid having your cancellation is contested.

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