Private property is a fundamental right. But the tenant’s right to his or her apartment is also protected by the Basic Law. The Bundestag has written in the Civil Code what this means for tenants and landlords: Tenancy agreements cannot normally be terminated as long as the tenant fulfils his or her obligations and, in particular, pays his or her rent on time.
However, there is one important exception: the landlord needs the apartment for himself or his family and declares his own use. Then he can withdraw. But personal needs are sometimes just an excuse. And if the termination involves special hardship, the tenants can also stay. test.de explains the rules and how the courts decide in individual cases.
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