In Munich, around 75 per cent of the population live in rented accommodation, making the city one of those with the highest proportion of tenants in Germany. When purchasing a property, there is therefore a high probability that it is currently let.<\/p>\n
Before purchasing a let residential property, it is therefore always advisable to check whether the landlord may have waived the right to give notice of termination for personal use<\/b> in the tenancy agreement. Such a waiver then also applies to the purchaser and prevents the landlord from invoking the right to terminate the tenancy for personal use.<\/p>\n
In accordance with the principle \u2018Purchase does not terminate the tenancy\u2019<\/b>, the purchaser steps into an existing tenancy agreement as the landlord upon the transfer of ownership in the land register. As a result, all rights and obligations arising for the landlord under the tenancy agreement apply to the purchaser.<\/p>\n
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LAND REGISTRY ENTRY IS DECISIVE<\/strong><\/p>\n In terms of timing<\/b>, a notice of termination for personal use by the purchaser can only be served from the date on which they are entered as the owner in the land registry. Any other attempts to bring forward the date on which the notice of termination for personal use is served<\/b> are invalid.<\/strong> An example of this would be if the vendor were to give notice of termination for personal use on behalf of the purchaser, or if the vendor were to authorise the purchaser in the contract of sale to give such notice as early as the transfer of possession and even before the transfer of title.<\/p>\n The notice period depends on how long the property has been let to the tenant (up to 5 years\u2019 tenancy: 3-month notice period; more than 5 years\u2019 tenancy: a total notice period of 6 months; and more than 8 years\u2019 tenancy: a total notice period of 9 months). If, for example, the purchaser steps into a tenancy agreement that has already been in force for more than 8 years, the maximum notice period of 9 months applies. If the tenant does not vacate the premises on time at the end of the notice period, this is followed by an action for eviction<\/b>.<\/p>\n A legitimate interest in terminating the tenancy for personal use<\/b> exists if the landlord requires the premises as a home for themselves, their family members or members of their household. A serious, reasonable and comprehensible intention to use the property for personal use or to make it available to a person with a privileged need is both necessary and sufficient; this must be described in the written notice of termination.<\/p>\n <\/p>\n \u2018PURCHASED PERSONAL USE\u2019<\/b><\/p>\n This generally also includes what is known as \u2018purchased personal use\u2019, <\/b>i.e. the purchase of a let property for personal use. The Federal Constitutional Court and the Federal Court of Justice have consistently held that even a person who acquires a let property and then wishes to use it themselves in order to live in their own home may invoke personal need, as the freedom to use the property themselves is an inherent part of ownership.<\/p>\n Furthermore, according to case law, life planning is, in principle, a matter for the landlord, so it is irrelevant whether the tenant whose tenancy has been terminated on grounds of the landlord\u2019s own use morally approves of the reasons given, harbours similar ideas or considers other solutions to be preferable.<\/p>\n The landlord\u2019s wish to use the property for their own purposes is therefore not assessed for reasonableness in any eviction proceedings, but only for so-called abuse of rights. <\/b>An example of this is where the landlord\u2019s stated need for personal use is grossly exaggerated; for instance, where a tenancy is terminated for a single student in a property with a large living area currently occupied by a family of five.<\/p>\n Should an eviction action be brought, the tenant will regularly raise the defence of so-called \u2018feigned personal need\u2019<\/b> against the claim. The tenant thus argues that the desire for personal use stated in the notice of termination does not in fact exist and that the landlord is merely attempting to get rid of an unwelcome tenant in order to subsequently charge a significantly higher rent. In such contentious cases, the outcome depends on the court\u2019s examination of the evidence, during which the court usually hears the person claiming need and assesses their credibility.<\/p>\n Here, one frequently encounters surprises, such as the person claiming to need the property \u2013 who supposedly wishes to move into the flat \u2013 being unable to provide any details about the flat during a court hearing, or only providing inaccurate information (address, district, floor, whether there is a balcony or not, etc.).<\/p>\n According to a non-representative survey by the Munich Tenants\u2019 Association, around 20 per cent of its members have had their tenancy terminated on grounds of owner\u2019s personal use at some point. Furthermore, since the coronavirus pandemic and the resulting renewed focus on home life, the number of terminations on grounds of owner\u2019s personal use has risen significantly. Given the high proportion of tenants, this clearly highlights the relevance of the issue of \u2018owner\u2019s personal use\u2019.<\/p>\n","protected":false},"author":9,"featured_media":0,"template":"","categories":[507],"tags":[],"class_list":["post-12967","nachrichten","type-nachrichten","status-publish","hentry","category-mietrecht-en"],"acf":[],"yoast_head":"\n