Zweifeln am Eigenbedarf: Experte erklärt wichtigste Warnsignale und hat drei Ratschläge für Mieter 23.02.2026

Eigenbedarfskündigungen, the most potent legal tool for landlords in Germany, often catch tenants unprepared, despite the legal hurdles for landlords being lower than many realize. Experts highlight that approximately 50% of such notices might be fabricated, with rising demand for advice from tenant associations in major cities indicating a growing problem. Tenants can challenge these notices by questioning the plausibility of the landlord's stated need, considering factors like the apartment's size and location relative to the intended occupant, and the specificity of the justification. Furthermore, tenants may have a right to object under § 574 BGB if eviction would cause undue hardship, such as during exams, due to illness, or if no comparable housing can be found. While a landlord's stated reason for needing the apartment only needs to be valid until the end of the notice period, a proven false claim can lead to criminal charges for fraud and civil claims for moving costs and potential rent differences. Tenant advocates are calling for a shift in the burden of proof and a restriction on who qualifies for Eigenbedarf.














