The number of terminations for personal use in Germany is increasing. This is what lawyers and tenant associations report. Affected tenants apparently have little chance in court. By Annette Zinkant and Susanna Zdrzalek.
The number of terminations for personal use in Germany is increasing. This is what lawyers and tenant associations report. Affected tenants apparently have little chance in court.
Five rooms, 110 square meters, for around 1,000 euros rent: This is how the six-member Weiser family lives in Cologne’s popular Südstadt. Monika and Thomas Weiser both work in nursing. Her four children go to school near the apartment and the family is firmly integrated into their district. The apartment they live in is social housing, subsidized by the state. The rent control applies for a period of 30 years.
But shortly before the social bond expires, her house was sold to a Cologne family company in 2019. One of the family members wants to move into the house himself and gives notice to the Weiser family. Other tenants in the house also receive letters of termination on the grounds of “own use”. “The helplessness that overwhelms you is a nightmare. The thought of having to leave here now does something to you,” This is how Monika Weiser describes the situation.
When owners are allowed to terminate
In Germany, owners generally have the right to use their apartment for themselves, says Markus Artz, director of the Research Center for Real Estate Law. “The landlord leaves the apartment to the tenant for an indefinite period of time. And because he enters into this rental agreement, he must also have the opportunity to get back into his rooms.” Here, termination for personal use is an important means, says Artz.
The owner of an apartment may terminate the tenant not only for his own needs, but also for those of his children and other relatives, even domestic workers or nursing staff. But there are also cases of abuse, says Artz, where personal use is only faked. “Because it’s the only way to get the tenants out of the apartment. Because you might have other interests.”
Profit from new rentals
Especially in major German cities, it is becoming increasingly attractive for apartment owners to get rid of old rental agreements in order to renovate apartments and rent them out again at high prices. Since 2012, rents for new rentals in Berlin have risen by a good 97 percent, in Hamburg by 33 percent and in Cologne by 54 percent.
Lawyer Rainer Tietzsch from the Berlin Tenants Association observes that the number of cases of terminations for personal use has increased at the same time. “But those are just the people who come to us. The people who don’t seek advice aren’t noticed either,” says Tietzsch. There are no statistics or figures on terminations for personal use in Germany. It is also not recorded whether the owners actually actually move into the apartments themselves.
Expiring Social housing as an investment property
In Berlin-Pankow, they observe that social housing in popular residential areas is particularly interesting as an investment property. The “Pankow Against Displacement” initiative is fighting for the interests of existing tenants. Many tenants would feel completely unprotected if rent control expired, says housing activist Camilla. “Prospective buyers come with the agent and look at your apartment, they look around in your bathroom, almost look into your cupboards.” This is very unpleasant for the tenants and involves an enormous loss of control. “Your own four walls no longer felt safe.”
Many of those affected cannot afford the new, much higher rents and are not only pushed out of their apartments, but also out of their hometowns. Eleven million households in Germany are entitled to social housing, figures from the German Tenants’ Association show. In contrast, there are only around a million apartments with social ties left.
David versus Goliath
However, only a few affected tenants decide to object to termination due to personal use. Such cases often end up in court, and the tenants have poor chances, says Cologne lawyer Brigitta Biehl. Because personal use is only based on the landlord’s statement. Tenants would have little opportunity to prove the opposite. “The landlord is in a strong position. It’s like David against Goliath.”
Monika and Thomas Weiser from Cologne initially want to fight for their long-standing home. Even after a long search, they have not found a new apartment for their family of six in Cologne and are appealing against the termination. The owner then sued them. You receive an eviction notice and are told to leave the apartment. It is a very stressful situation for the family. “I haven’t committed any crime. I just want to live where I want,” says Monika Weiser. In the end they decide to give up their beloved apartment.