Reader question: Can a particularly close bond with a cousin replace the statutory family membership for personal use (Eigenbedarf)?
In the notice terminating your German tenancy, personal use (Eigenbedarf) is cited for a cousin of the landlord. To justify it, it is stated that both have been closely connected since childhood. Before you look solely for a hardship (Härte) argument, the stated ground for the need should itself be examined.
Precisely identify the favoured person
Secure the termination, proof of receipt and any available explanations. Which person is supposed to move in, what is their relationship to the landlord and on which legal ground is the termination based? An imprecise designation such as “belonging to the family” does not replace a factual classification.
Section 573 paragraph 2 number 2 BGB names the housing need of the landlord themselves, their family members or members of their household. Paragraph 3 also requires a justification in the termination letter. [BGB573] This article deals with the alleged family connection. Other grounds are not supplemented by presumption.
Know the boundary of the family concept
The BGH in VIII ZR 276/23 of 10 July 2024 limited the privileged family circle on the basis of the personal right to refuse to give evidence. According to this, a cousin does not belong to it even with a close personal bond. A particularly good relationship does not expand this circle; conversely, the membership of the persons covered does not depend on an additionally proven close contact. [BGH27623]
The proceedings at the time also concerned an exception to the prohibition on termination in the case of acquisition by a partnership. The judgment expressly explains the corresponding family concept also for Section 573 paragraph 2 number 2. [BGH27623] No statement on a current special corporate law constellation is derived herefrom.
Turn the point of examination into a concrete enquiry
Present the counselling with the actual kinship and the full wording. Ask whether the named group of persons supports the stated ground for termination and whether other reasons contained in the letter need to be examined separately. Avoid arguing merely about the emotional closeness of the relatives. Photographs of joint celebrations do not resolve the legal classification question.
A possible household relationship or an otherwise justified legitimate interest requires a separate examination. The statement about the cousin is neither a general confirmation of all terminations for relatives nor a sure answer to every differently situated use case.
Hypothetical course until a reliable position
In the invented case the letter contains only the need for the cousin and a detailed description of the friendship. The tenant party submits the documents early. The counselling examines the stated ground and the further formal and timing questions before formulating a response.
In the meantime the party does not sign an unchecked departure agreement merely because “Eigenbedarf” is written in the letter. At the same time it does not treat a professionally not yet examined termination as already decided by the courts. Own hardship grounds and any court documents received are passed on in full.
The usable result is a reasoned position on the actually declared ground for termination. The examination begins with the prerequisites of the declaration and keeps possible further objections and required procedural steps in view.