Munich Local Court, 30/09/2014, Ref.: 473 C 7411/14
If the landlord, one of his family members or members of his household wish to use the rented flat themselves, they can terminate the tenancy for personal use. The landlord must then justify in writing in the letter of cancellation why and for which person he needs the flat. It should be noted that a blocking period may apply. If a building is converted into owner-occupied flats during the tenancy period, termination for personal use is excluded for at least three years. In some cities, the blocking period can also be ten years.
If the tenant does not agree with the termination for personal use, they can object to this termination for personal use if moving out would mean particular hardship for them. If the personal use was only feigned, the tenant can even subsequently assert claims for damages against the landlord. These claims include, for example, relocation, estate agent and renovation costs as well as higher rental expenses for the new flat.
In the Munich Local Court case discussed here, the court had to decide whether a professional footballer was allowed to give notice to his tenant for personal use, even though he only wanted to live in the flat for a certain period of the year and otherwise lived abroad.
Facts of the Case
In 2011, the plaintiff purchased a 45.56 square metre flat in the Solln district of Munich, which had been rented to the defendant since February 2000. In April 2013, the plaintiff terminated the tenancy for personal use as he planned to live there with his future wife. Although the plaintiff often worked outside Munich as a professional footballer, he wanted to use the flat as his and his wife's main residence, especially during the winter break. The defendant considered the reason for personal use to be pretextual and refused to vacate the flat.
Decision of the Munich Local Court
The plaintiff filed an action for eviction with the Munich Local Court. The court ruled in favour of the plaintiff and ordered the defendant to vacate the flat. The plaintiff's wife testified that she was currently living in Serbia but was planning to move to Munich to establish a main residence there with her husband and their child. She emphasised that the flat was to be used for the next 3-4 years when the husband came to Munich in his professional spare time.
Credibility of the witness and reasons for the decision
The court accepted the witness's statement as she conclusively explained that no other suitable accommodation was available and that she was currently living in cramped conditions in her mother's house in Landsberg. There she shared a room with her disabled sister, which was not a long-term living situation. The court considered the couple's wish to live together in Munich to be understandable and reasonable.
Conclusion
The local court emphasised that it was not the landlord's responsibility to show better or more sensible alternatives for residential use. The plaintiff's wish to move into a flat in Munich together with his wife was a legitimate reason for the termination. The defendant was therefore obliged to vacate the flat. The termination for personal use was deemed lawful as the plaintiff had a legitimate interest in using the flat for his family.