Owner-occupied properties in Nuremberg, Fürth, Erlangen, Schwabach and Roth: rights and obligations for landlords and tenants

The issue of personal use plays a central role in the property market, especially for landlords and tenants in the metropolitan region of Nuremberg, Fürth, Erlangen, Schwabach and Roth. Landlords who own a property and want to use it themselves or for close relatives are faced with the challenge of asserting their own requirements in a legally and factually correct manner. On the other hand, tenants are often confronted with the question of how they should react to a cancellation of their own use and what rights they are entitled to. Both sides are faced with complex legal and practical issues that need to be clarified.

In this text, you will learn what personal use means, how it is claimed and what challenges can arise. You will also receive tips on how to deal with a personal use cancellation correctly.

What does personal use mean for property?

Personal use means that the landlord wishes to use the rented property for himself, family members or household members. This is one of the few legally recognised reasons for terminating a tenant's tenancy agreement. It is important to note that the personal use must be credible and comprehensible.

When can personal use be claimed?

In principle, personal use can only be claimed if the property is needed for the landlord himself or close relatives. This usually includes parents, children, siblings and, under certain circumstances, grandchildren or nieces. The need must be specific, for example due to a change in living circumstances such as a move to the region or the desire to live closer to the family.

In the metropolitan region of Nuremberg, Fürth, Erlangen, Schwabach and Roth, it is becoming increasingly relevant to properly justify personal requirements in order to avoid legal complications, particularly due to the growing demand for housing.

Requirements and legal basis for personal use cancellation

A termination for personal use must fulfil certain legal requirements in order to be effective. The most important requirements include

• Timely cancellationThe statutory notice period depends on the tenant's length of tenancy. It is at least three months and can increase to up to nine months for longer tenancies.
• Detailed justificationThe landlord must specifically state the personal requirements, i.e. for whom the property is needed and why.
• Hardship regulation: In certain cases, the tenant can object to the cancellation, for example if a move constitutes an unreasonable hardship (e.g. old age or illness of the tenant).

Example for the assertion of personal use

Suppose a landlord in Nuremberg wants to use his condominium himself because he is moving to the city for work reasons. In this case, he would have to give the current tenant written notice of termination and explain the personal use clearly and comprehensibly, e.g: „I need the flat from 01.07.2024, as I am being transferred to Nuremberg for professional reasons and will be using the flat myself in future.“ The notice of cancellation must be given in good time and contain all relevant details.

Tips for landlords: How to avoid legal pitfalls

1. Early planningPlan your own requirements in good time so that you can comply with the notice periods.
2. Correct justification: Be as specific as possible about what you need in order to avoid misunderstandings.
3. Check hardship caseFind out in advance whether there are any special circumstances that could make an objection by the tenant likely.
4. Professional advice: Use the service of my-home.de, to obtain legal advice and ensure that the cancellation is legally secure.

Tips for tenants: How to react to a cancellation of personal use

1. Check deadlineCheck the notice period to ensure that the landlord has proceeded correctly.
2. Check hardship caseIf a move represents a particular hardship for you, you may be able to lodge an objection.
3. Search for an alternativeUse the remaining time to look for a new flat in good time.
4. Take advantage of counselling: Seek legal advice so that you know your rights as a tenant and can react in good time if necessary.

Recommendations and concluding remarks

Are you a landlord or tenant facing the challenge of having to give notice to terminate a tenancy agreement in the metropolitan region of Nuremberg, Fürth, Erlangen, Schwabach or Roth? Let the experts at my-home.de professional advice to be on the safe side legally. A clear and legally compliant approach saves you time, nerves and unnecessary disputes.

In conclusion, it can be said that personal use is a legitimate reason for terminating a tenancy, but can involve many legal hurdles and pitfalls. Both landlords and tenants should inform themselves at an early stage so that they know their rights and obligations and can act accordingly.

Q&A - Owner-occupied property

Use the service of my-home.de, to receive professional advice on all aspects of owner-occupancy cancellations in the metropolitan region of Nuremberg, Fürth, Erlangen, Schwabach and Roth and to ensure that your interests are legally protected.