The term "personal use" refers to the need of the landlord or his family members for the property he is renting out. This need can result in the landlord being able to terminate the tenancy in order to use the property themselves. In this article, we will explain the term "personal use" in detail in the context of selling property.
It is important to note that personal use is a legally recognized reason for terminating a tenancy. However, the landlord must be able to prove personal use and the termination must be socially acceptable. In this article, we will explain these and other aspects of personal use in detail.
What is personal use?
The term "personal use" refers to the need of the landlord or his family members for the property he is renting out. This need may result in the landlord being able to terminate the tenancy in order to use the property himself.
It is important to note that personal use is a legally recognized reason for terminating a tenancy. However, the landlord must be able to provide evidence of personal use and the termination must be socially acceptable.
Legal basis for personal use
The legal basis for personal use is regulated in the German Civil Code (BGB). According to Section 573 (2) No. 2 BGB, the landlord can terminate the tenancy if he needs the rooms as accommodation for himself, his family members or members of his household.
It is important to note that the landlord must provide proof of personal use. This can be done, for example, by means of an affidavit. In addition, the termination must be socially acceptable. This means that the termination must not lead to unreasonable hardship for the tenant.
Social compatibility of the termination
The social compatibility of the termination is an important aspect of personal use. It means that the termination must not lead to unreasonable hardship for the tenant. This may be the case, for example, if the tenant is unable to find another apartment due to their age, health or financial circ*mstances.
When assessing the social compatibility of the termination, all circ*mstances of the individual case must be taken into account. This may include, for example, the duration of the tenancy, the tenant's personal circ*mstances or the availability of alternative accommodation.
Own use and sale of real estate
Personal use can also play a role in the context of the sale of real estate. For example, the seller of a property can claim personal use in order to terminate the tenancy and sell the property free of tenants.
However, it should be noted that the seller must provide proof of personal use and the termination must be socially acceptable. In addition, the tenant may be able to assert a right of first refusal.
Proof of personal use when selling
The seller of a property must provide proof of personal use if they wish to assert this. This can be done, for example, by means of an affidavit. In this affidavit, the seller must explain why they want to use the property themselves and why other apartments are out of the question for them.
It should be noted that proof of personal use must not be provided lightly. The seller must seriously intend to use the property themselves. A mere pretext to terminate the tenancy is not sufficient.
Right of first refusal of the tenant
The tenant of a property may have a right of first refusal if the landlord wishes to sell the property. This means that the tenant has the right to buy the property on the same terms on which the landlord wishes to sell it to a third party.
The tenant's right of first refusal is regulated in the German Civil Code (BGB). According to Section 577 BGB, the tenant has a right of first refusal if the landlord wishes to sell the rented residential property to a third party. However, this right only exists if the residential property is located in an apartment building.
Conclusion
Personal use is an important aspect when selling real estate. It allows the landlord to terminate the tenancy and sell the property free of tenants. However, the landlord must provide evidence of personal use and the termination must be socially acceptable.
In addition, the tenant may have a right of first refusal if the landlord wishes to sell the property. This right enables the tenant to buy the property on the same terms as the landlord wishes to sell it to a third party.
Your partner for real estate sales for personal use
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