Received an Eigenbedarfskündigung? Here's When Having Kids Actually Lets You Object
Getting an Eigenbedarfskündigung, a termination notice because your landlord or a close relative genuinely wants to move in, isn't the end of the road. Under § 574 BGB, you can object and demand the tenancy continue if ending it would be a hardship for you, your family, or another household member that isn't justified even considering your landlord's legitimate interest in the apartment. The genuinely important nuance for families is what actually counts: simply having to change schools or a longer commute generally does not count as hardship on its own, German courts have been consistent on that. What can count is a child who depends on a specific special school that the move would make unreasonable to keep attending, a child facing serious exam or retraining difficulties because of the timing, or a severely disabled child. What doesn't count, according to a 2019 Federal Court of Justice ruling, is simply having multiple children, Kinderreichtum alone isn't a hardship. Your written objection has to reach your landlord no later than two months before the tenancy is due to end.
The Official Rule
An Eigenbedarfskündigung, a termination because your landlord or a close family member genuinely wants to live in the apartment themselves, is a real, legal termination ground. But it isn’t automatically the final word, and knowing exactly which family circumstances the law actually recognizes as grounds to object matters more than a general sense that “we have kids, surely that counts.”
Under § 574 BGB, you can object to the termination and demand the tenancy continue if ending it would be a hardship for you, your family, or another household member, one that isn’t justified even when your landlord’s legitimate interest in the apartment is properly weighed. This is a genuine balancing test, not an automatic override, and German courts have built up a fairly specific, consistent picture of what counts.
| Situation | Recognized as hardship? |
|---|---|
| Simple school change or a longer commute | Generally no, on its own |
| Child depends on a specific special school the move would make unreasonable | Can count |
| Serious exam or retraining difficulties caused by the move's timing | Can count |
| Simply having multiple children (Kinderreichtum) | Not sufficient alone (BGH, 2019) |
| Severely disabled and blind child | Can count |
| Pflegegrad 1 plus welfare-covered rent, alone | Not sufficient alone |
The genuinely important nuance here is that school disruption, the thing most families assume automatically counts, usually doesn’t on its own. mietrecht.org is direct about this: a resulting school change or longer school commute generally does not, by itself, constitute a hardship that entitles you to object. What actually can tip the balance is more specific, a child who depends on a particular special-needs school where the move would make continued attendance genuinely unreasonable, or a move whose timing would cause serious difficulties around an upcoming exam or a school transfer already in progress.
On the other end, Haus und Grund München, the landlords’ own association, points to a clarifying 2019 Federal Court of Justice ruling: simply having multiple children, Kinderreichtum, is not by itself a hardship case. The court held that the same constitutional standard applies both to a landlord’s termination ground and to a tenant’s hardship claim, and that some sacrifice is genuinely expected of tenants, including extending an apartment search to units that household income can actually afford. A Pflegegrad 1 disability rating combined with welfare-covered rent has similarly been found insufficient on its own in other rulings, though courts have recognized a severely disabled and blind child as real grounds.
None of this means objecting is pointless, it means the objection needs to be specific. General hardship grounds beyond the school and disability examples above also include a household member’s pregnancy or an imminent, already-scheduled exam, and these get evaluated the same way, against your landlord’s genuine, legitimate interest in the apartment.
What Real People Say
Families going through this describe the biggest surprise being how narrow “school disruption” turns out to be as a standalone argument, several mention initially assuming a mid-year school change would obviously qualify before learning courts expect something more specific, like a special school dependency or an exam conflict.
People who consulted a tenant association or lawyer before objecting describe this as genuinely worth doing specifically because the hardship clause is a balancing test, not a checklist, several mention that framing their situation around one of the recognized specific factors, rather than a general “we have children” argument, was what actually made their objection land.
Step by Step
- Read your Eigenbedarfskündigung carefully and confirm the stated reason and the termination date.
- Identify whether your situation matches a recognized hardship ground specifically, a special school dependency, an exam conflict, a severe disability, or pregnancy, rather than a general family hardship.
- Gather documentation for whichever specific ground applies, a school’s own statement, a doctor’s note, or exam scheduling.
- Send your written objection so it reaches your landlord no later than two months before the tenancy ends.
- Consult a tenant association or lawyer before finalizing your objection, since the balancing test genuinely depends on how your specific facts weigh against your landlord’s interest.
Compliance Note
This page explains the general rules around the hardship clause under § 574 BGB, but this is not legal advice, and whether your specific situation qualifies can only be confirmed by a tenant association or a lawyer familiar with your full circumstances.
FAQ & Common Pitfalls
We received an Eigenbedarfskündigung and our child will have to switch schools. Can we object based on that alone?
Generally, no, German courts have consistently held that a school change or a longer school commute on its own does not amount to a hardship under § 574 BGB. Where it can genuinely count is if your child depends on a specific special school that the move would make unreasonable to keep attending, or if the timing would cause serious exam or retraining difficulties, those are recognized exceptions worth raising specifically.
What's the actual deadline to send our written objection?
Your written objection has to reach your landlord no later than two months before the tenancy is due to end under the termination notice. This is a real, fixed deadline, not a general guideline, so it's worth sending it with enough lead time to confirm it actually arrived rather than waiting until the last few days.
We have three children and one has a Pflegegrad 1 disability rating, with rent partly covered by the welfare office. Is that automatically a hardship case?
Not automatically, no. A 2019 Federal Court of Justice ruling specifically found that simply having multiple children, Kinderreichtum, isn't sufficient on its own, and having a Pflegegrad 1 rating with welfare-covered rent alone has also been found insufficient in other cases. What tends to genuinely count is a more severe disability, courts have recognized severely disabled and blind children as real hardship grounds, so the specific severity and impact matters more than the general household situation.