Protection against dismissal

Tenant protection under residential tenancy law safeguards tenants against arbitrary or socially unjustified termination of their residential lease by the landlord. This protection is primarily derived from the German Civil Code (Sections 573 et seq. BGB) and the Tenant Protection Act for certain special cases. The landlord may only terminate a residential lease with notice if they can demonstrate a legitimate interest-mere inconvenience or a desire for a higher return are not sufficient.

Termination with Notice: What the Landlord Must Prove

For a landlord to terminate a lease with notice, there must be a valid reason for termination under § 573 BGB:

• Termination for personal use: The landlord needs the apartment for themselves, family members, or household members. The need must be specific and verifiable; feigned personal need makes the landlord liable for damages
• Culpable breach of duty: Significant late payments, damage, disturbances of the peace - however, these cases are borderline cases between ordinary and extraordinary termination
• Impediment to economic use: The landlord cannot make appropriate economic use of the property without the termination (high hurdle, rarely successful)

The following applies to termination for personal use: The landlord must specifically describe the reason for personal use in the termination letter-including the name and relationship of the person who is to move in, as well as a brief explanation of the specific need. Overly general wording renders the termination invalid. Courts examine the sincerity of the need for personal use; feigned need for personal use can not only trigger liability for damages but may also be criminally relevant under certain circumstances.

Notice Periods and Social Protection Clause

The statutory notice periods are graded according to the length of the tenancy (§ 573c BGB):

• Up to 5 years’ tenancy: 3 months
• 5 to 8 years: 6 months
• More than 8 years: 9 months

Tenants may file an objection under § 574 BGB if the termination constitutes a particular hardship for them, their family, or household members (advanced age, illness, lack of alternative housing). Courts then weigh the interests of the landlord and the tenant.

The objection must be submitted in writing and received by the landlord no later than two months before the end of the notice period. It does not automatically render the termination invalid, but rather leads to court proceedings in which the interests are weighed. In tight housing markets such as Nuremberg, hardship objections tend to be taken seriously by the courts.

Special Protection Against Termination in Tight Markets

In areas with a tight housing market (environmental protection zones, social preservation statutes), additional restrictions apply. In Nuremberg, such statutes exist for individual city districts, including Gostenhof and parts of the Südstadt. In these areas, structural changes and modernizations require special permits designed to protect the established population from displacement.

In conversion areas (where rental apartments are converted into condominiums), tenants enjoy extended protection against termination for up to ten years after conversion under Section 577a of the German Civil Code (BGB). In Nuremberg, the moratorium period has been set at the maximum of five years permitted under Bavarian law. Buyers of converted condominiums who wish to claim personal use must observe this moratorium period.

Protection Against Termination Upon Sale

Under the principle that “a sale does not terminate a lease” (Section 566 of the German Civil Code), the new owner assumes all rights and obligations of the former landlord. The tenant retains full protection against termination as if the landlord had not changed. This is an important consideration when purchasing a rented property: the tenant cannot simply be asked to move out.

Practical Tip for Owners in Nuremberg and Franconia

Nuremberg is relevant as a region subject to rent control and social preservation statutes. Landlords should seek legal counsel before issuing any notice of termination-especially in cases of personal use. An improperly drafted notice of termination for personal use may not only fail but also trigger claims for damages from the tenant. We recommend checking the lease term and the tenant’s age when purchasing a rented property, as these factors significantly influence protection against termination and the notice period.

Frequently Asked Questions

Can I terminate my rental apartment to use it myself?

Yes, but only if there is a genuine need for personal use. You must specifically state the reason for termination in the termination letter. Falsely claiming a need for personal use is a criminal offense and triggers liability for damages.

Does protection against termination also apply to fixed-term leases?

In the case of a validly agreed fixed-term lease (§ 575 BGB), the tenancy ends upon the expiration of the agreed term without the need for notice. However, the landlord must state the reason for the fixed term (personal need, renovation) at the time the contract is concluded.

What happens if I, as a buyer, purchase a rented apartment and want to terminate the tenant’s lease?

As the new owner, you assume the existing lease (§ 566 BGB: “Purchase does not terminate the lease”). Termination for personal use is possible, but the tenant enjoys extended protection against termination under § 577a BGB in the event of a conversion from rental to condominium units.

How can I check whether my neighborhood has a social preservation ordinance?

In Nuremberg, the City Planning Office is responsible and publishes the applicable preservation ordinance areas on the city’s website. Alternatively, the local building authority can provide information. For our buyer clients, we always check whether neighborhood preservation regulations apply before purchasing a rented property.

Can the tenant remain in the tenancy after the fixed-term lease expires?

If a fixed-term lease ends under Section 575 of the German Civil Code (BGB), the landlord must provide timely notice-at least three months before expiration-regarding the termination date. If the landlord fails to do so, the tenancy is extended indefinitely under § 545 BGB if the tenant continues to occupy the property after the expiration date and the landlord does not object immediately. Furthermore, under § 575a BGB, the tenant has the right to terminate the lease early if they provide a suitable replacement tenant. Landlords should consistently keep track of fixed-term periods and issue the notice of termination in a timely and formally valid manner.

Extraordinary Termination by the Landlord

In addition to ordinary termination, tenancy law provides for extraordinary termination without notice under Section 543 of the German Civil Code (BGB). This is possible if the tenant culpably breaches their obligations to a significant degree-particularly in the case of rent arrears amounting to two months’ rent or significant damage to the leased property. No notice period is required for extraordinary termination; it takes effect immediately. In practice, however, the landlord must document the grounds for termination in full. Courts scrutinize extraordinary terminations closely: errors in the termination letter, a missing warning letter, or incorrectly calculated arrears can result in the termination being declared invalid. We recommend always having extraordinary terminations reviewed by a lawyer before they are issued.

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