Berlin Regional Court, decision of 14 February 2023, Ref.: 67 S 288/22
In a notice of termination for personal use pursuant to Section 573 BGB, the landlord must state the reasons for his justified interest within the meaning of Paragraph 3 in such a way that they can be clearly identified and distinguished from other reasons. Otherwise, it does not fulfil the formal requirements of Section 573 (1) sentence 1 BGB and is invalid.
In the case at hand, the landlord had based the termination for personal use on the fact that two of his children would have to use the flat in the future. He did not provide the names or any other information to identify these children. The regional court ruled that the cancellation was invalid because it violated Section 573 (1) sentence 1 BGB.
Decision of the Berlin Administrative Court
Landlord needed the flat for his 2 children
The landlord, who has four children, had only stated in the termination letter that two of his children, who are studying abroad and were both born in 1994, needed the flat. The notice of termination did not contain any further details as to which of his children were involved. In the opinion of the court, this does not fulfil the requirements of Section 573 (3) sentence 1 BGB.
He had not included the names of the children in the cancellation letter
The court is of the opinion that the landlord's legitimate interest in the termination must be stated in the notice of termination in such a differentiated manner that the reason for termination can be clearly identified. The reason for this is that Section 573 (1) sentence 1 BGB is intended to ensure that the tenant is able to take all necessary steps to protect his interests as early as possible.
In the court's opinion, the tenants were therefore unable to defend themselves sufficiently
This includes, in particular, the possibility of a defence against the termination. However, this is only possible if the tenant knows the reason for the termination and this is specified so precisely that the landlord cannot change it later if necessary. For this reason, the person for whom the personal use is registered and the interest in using the flat must be stated in the notice of termination.
Source: Berlin Regional Court
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