Reports indicate a concerning rise in eviction notices citing owner occupancy needs across major German cities, prompting calls for stricter regulations. Melanie Weber-Moritz, president of the German Tenants’ Association (Deutscher Mieterbund), expressed concern that a significant portion of these evictions – potentially up to half in urban centers – may be dubious.
The association has observed a marked increase in inquiries and consultations regarding these types of terminations. For instance, in Cologne, Mietervereine (tenant associations) are experiencing a 25% rise in consultations compared to a decade ago, with similar trends reported in Frankfurt am Main and Berlin.
Currently, the onus is on tenants to prove that an owner occupancy termination is a pretext for eviction. Weber-Moritz argues that this places an unfair burden on renters. She proposes a shift in responsibility, suggesting that landlords should be required to substantiate the legitimacy of their owner occupancy needs, a change she believes would significantly curb abuse.
To deter fraudulent owner occupancy claims, Weber-Moritz is advocating for a stricter definition of “owner occupancy”. The current legal framework permits terminations to justify the housing needs of extended family, including nieces, nephews, stepchildren, in-laws, caregivers and au pairs, even for occasional use as a second residence. Weber-Moritz deems this provision excessive and conducive to exploitation, arguing that stronger regulation of termination rights will reduce the opportunities for fraudulent claims.
