Concerns are growing over a rise in “self-use” eviction notices – where landlords claim they or family members need a property to live in – and allegations of their potential misuse. Melanie Weber-Moritz, President of the German Tenants’ Association (Deutscher Mieterbund), has voiced strong reservations, suggesting a significant portion of these evictions, particularly in major urban centres, may be questionable.
Data indicates a discernible increase in instances requiring consultation with tenants’ associations in cities like Cologne, Frankfurt and Berlin. Cologne, for example, has seen a 25% rise in self-use eviction consultations compared to a decade ago, reflecting a broader trend across the region.
Currently, the onus falls on tenants to prove that a landlord’s stated self-use need is fabricated, a process Weber-Moritz describes as burdensome and challenging. She argues that shifting the responsibility to the landlord – requiring them to demonstrably prove the legitimacy of their need – would significantly deter abuse.
The Tenants’ Association is advocating for stricter regulations to curb this perceived misuse. Proposing a clarification of “self-use” criteria, the association suggests that evictions should only be permitted if the property is intended for permanent habitation by the landlord or immediate family members (parents, children, siblings).
Current regulations permit a broader interpretation of self-use, including situations where nephews, nieces, stepchildren, in-laws, caregivers and au pairs are cited as reasons for eviction, even if they intend to use the property only as a secondary residence. Weber-Moritz considers this interpretation disproportionate and open to abuse, believing strengthened regulation of eviction rights would effectively reduce opportunities for fraudulent claims.