Short Answer
An eviction notice for personal use is completely void if the landlord uses the claim as a pretext to install a higher-paying tenant. The law requires the stated family housing need to be immediate, genuine, and thoroughly documented.
What Most Expats Don't Realize
You packed up your life and moved into a more expensive apartment after receiving a letter stating the owner's daughter needed your flat. You walked past your old building two months later and saw a tourist checking into your former home via a lockbox. You lost €3,600 in increased annual rent costs because you accepted a fraudulent termination notice without investigating the landlord's claims.
What To Do
- Check the local property registry or online booking platforms to see if your old flat is listed for short-term rental.
- Book a legal consultation to launch a lawsuit for moving expenses and rent differentials if the claim proves false.
- "Ich fordere Schadensersatz wegen vorgetäuschtem Eigenbedarf." (I demand damages due to simulated personal need.) — instruct your lawyer to send this statement to the landlord to initiate legal action.
The Truth
Because it’s almost impossible to fire a tenant in Germany, landlords use the family card to reset the rent to a higher price. It’s a legal grey area that requires a lawyer to challenge effectively.