Eigenbedarf Germany: Evicting a Tenant for Personal Use — What the Rules Actually Allow

Buying a tenanted apartment in Germany to move into it yourself sounds straightforward. It often is not. German tenant protection law is among the strongest in Europe, and before you can claim Eigenbedarf — personal need — to terminate a tenancy, the law imposes strict conditions, notice periods, and in certain cities, absolute blocking periods that can run to a full decade.

If your plan is to buy a rented apartment and move in, understanding these rules before you sign at the notary is not optional.

What Eigenbedarf Means

Eigenbedarf (§ 573 BGB) is the legal basis on which a German landlord can terminate a tenancy for personal use. The landlord must demonstrate a genuine and specific need to use the property themselves — either to live in it personally, or to make it available for a family member or someone in their household.

The requirement must be real, not pretextual. Courts have struck down Eigenbedarf claims where a landlord had multiple other vacant apartments, where the stated family member never actually moved in, or where the eviction was clearly a pretext to free the unit for a higher-paying new tenant. If the tenant challenges the eviction in court, the landlord must substantiate the need convincingly.

Valid Eigenbedarf beneficiaries include:

• The owner themselves
• Spouse or registered partner
• Children, parents, grandchildren, grandparents
• Siblings (jurisdiction-dependent; courts vary)
• Members of the owner's household (Haushaltsangehörige)

Notice Periods

Even a valid Eigenbedarf notice does not result in immediate vacant possession. German law grants tenants long notice periods based on how long they have lived in the property:

For a long-standing tenant of 10+ years, you are looking at a 9-month notice period plus potential court proceedings if they contest the claim. In practice, many Eigenbedarf evictions take 12–18 months to resolve, and some contested cases run longer.

The Berlin Sperrfrist: 10 Years of Blocked Evictions

Here is the rule that catches many expats entirely off guard.

When a rental building is converted from collective ownership (Miethaus) into individual condominiums (Eigentumswohnungen) and the units are sold separately — a process known as Umwandlung — German law imposes a blocking period (Sperrfrist) during which the new owner cannot use Eigenbedarf to evict the existing tenant.

The standard national Sperrfrist is 3 years (§ 577a BGB). But in cities and municipalities where the housing market is classified as under strain (angespannter Wohnungsmarkt), state governments can extend this blocking period up to 10 years. Berlin, Hamburg, Munich, and many other major German cities have invoked this option.

In Berlin specifically, the Sperrfrist for converted rental apartments is currently 10 years from the date the property was first sold to the new owner after conversion. During those 10 years, the new owner has no legal right to terminate the tenancy on the grounds of Eigenbedarf, regardless of how genuine their personal need is.

This is not a notice period — it is an absolute bar. You cannot even start the clock on eviction proceedings until the 10-year period has elapsed.

What Buying a Tenanted Apartment Actually Means

When you buy a tenanted apartment in Germany, the existing tenancy agreement transfers to you automatically. You do not have the right to re-negotiate the rent (beyond the limits of the Mietpreisbremse) or to evict the tenant simply because you now own the property.

The general principle is Kauf bricht nicht Miete — "purchase does not break the rental agreement." The tenant's legal relationship with the property continues unchanged; only the identity of the landlord changes.

This means:

• You inherit the existing rent, which may be well below current market rates
• You cannot raise rent freely — increases are subject to legal limits (Mietpreisbremse in controlled cities, and the Mietspiegel comparative rent index)
• If the apartment was converted from a rental building, the Sperrfrist applies
• You become responsible for the landlord's obligations in the original tenancy agreement

Buyers sometimes purchase tenanted apartments at a discount of 10%–20% compared to vacant possession value, precisely because of these constraints. That discount compensates for the uncertainty and delay involved in eventually gaining possession.

Eigenbedarf Process After the Sperrfrist

Once the blocking period has elapsed (or if it never applied because the property was already an individually owned unit before you bought it), the Eigenbedarf process works as follows:

1. Send a formal written termination notice (Kündigung) to the tenant, citing specific reasons for Eigenbedarf and naming the person who will occupy the property.
2. Observe the statutory notice period (3, 6, or 9 months depending on tenancy length).
3. The tenant has until the end of the notice period to object. If they object on the grounds of hardship (Härteklausel under § 574 BGB) — severe illness, age, inability to find comparable replacement housing — courts can and often do extend the tenancy despite valid Eigenbedarf.
4. If the tenant does not vacate voluntarily, you must apply to the court for a possession order (Räumungsklage).

German courts are traditionally sympathetic to long-standing tenants, particularly elderly ones. Factor this into your expectations.

Practical Planning for Expat Buyers

If you are buying a tenanted apartment in Berlin, Hamburg, or Munich specifically because you want to live in it:

1. Check the conversion date. Ask when the building was first divided into condominiums and when the individual unit was first sold after that conversion. The Sperrfrist clock starts on that first post-conversion sale.

2. Check the original tenancy start date. A tenant who has been there for 15 years has a 9-month notice period after the Sperrfrist expires. You could be waiting 11+ years before you move in.

3. Consider buying vacant property instead. If timing matters, the certainty of vacant possession is worth the premium over a discounted tenanted property.

4. Get the full tenancy documentation. Ask for the original lease agreement, all rent history, and any amendments. Know what you are inheriting before signing.

Whether you are buying a tenanted apartment as an investment or planning to eventually move in, understanding the Eigenbedarf rules and Sperrfrist timelines specific to the city and building type will determine whether your plan is realistic on your timeline.

Get the Buying Property in Germany — Expat Guide

Frequently Asked Questions

Can a buyer negotiate with the tenant directly to leave? Yes. Many buyers offer financial compensation (Abfindung) to a tenant in exchange for voluntarily vacating before the legal process would compel it. This is common and often far faster than legal proceedings. There is no fixed formula — it is a private negotiation.

Does the Sperrfrist apply if I buy a property that was always individually owned? No. The Sperrfrist specifically applies to properties that were converted from rental buildings into condominiums. If the apartment has always been a separate unit with separate ownership, the standard Eigenbedarf rules apply from day one of your ownership.

What happens if I claim Eigenbedarf but don't actually move in? If the tenant can show that the owner or the named family member did not genuinely move in after the eviction, the tenant has legal claims against the former landlord for damages, including recovery of moving costs and the difference in rent between the old and new apartment.

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