The claim

The demand for a law suggests that tenants could be kicked out of their apartments for taking in migrants.

Our conclusion

Terminating an apartment is only possible for a “legitimate interest”. Personal use can only be claimed if the living space is needed for the owners themselves, direct relatives or members of the household and not as a reason to accommodate refugees. In order to accommodate refugees, cities and municipalities can terminate the rental agreements in the case of municipal home ownership if all other possible means have been exhausted. But this is really only the last option.

According to a current study commissioned by the “Social Housing” alliance, there is currently a shortage of around 700,000 apartments in Germany. The German Tenants’ Association describes this as a “record housing deficit”.

The lack of living space is also leading to discussions on social media. A recent Facebook post calls for a law to prevent tenants from being kicked out of their apartments for accepting migrants.

Screenshot Facebook
Screenshot Facebook

“A law would have to be created immediately that tenants cannot be kicked out of their apartments for taking in migrants.” (sic!)

Facebook post in plain text

But is it actually possible to terminate rental agreements for this reason?

___STEADY_PAYWALL___

Personal use and profitability: When landlords are allowed to terminate apartments

German residential tenancy law is set out in the Civil Code (BGB) and contains provisions for the termination of tenancies, in particular open-ended contracts. According to Section 573 of the German Civil Code (BGB), landlords can only terminate the contract out of a “legitimate interest”, such as repeated breaches by the tenant of their obligations, their own needs or under certain economic aspects.

However, personal use only be claimed if the living space is needed for the owners themselves, direct relatives or members of the household. Personal needs cannot be cited as a reason for accommodating refugees.

Although landlords generally have the right to exploit their property commercially, there are legal limits to these interests. For example, terminations are not permitted in order to achieve higher rents or to sell the property.

This applies to private landlords as well as to real estate companies or housing associations, as the Berliner Mietverein announced upon request. According to him, residential rental contracts “cannot just be terminated” in order to accommodate refugees.

Eviction of tenants for public interests: rules for municipal housing providers

Municipal housing providers are also fundamentally bound by these rules and must demonstrate a “legitimate interest” in termination. However, cities and municipalities also have regulatory obligations for the good of the public, including the appropriate accommodation of refugees.

In connection with this, reference is often made to a ruling by the Göttingen district court from 1991, which stated that eviction from an apartment was permissible in order to create space for refugees. However, the municipality also had to prove that all other accommodation options had been exhausted.

The public interest of the municipalities must also be weighed against the continued interest of the tenants. The Federal Constitutional Court has decided that tenants have a constitutionally protected interest in their living space, which must be taken into account by both the legislature and the courts compared to the interests of the landlord.

The social clause: An important protection for tenants when terminating their apartment.

Thanks to the social clause, tenants are not automatically powerless against eviction from their apartment. If termination is unreasonable for the tenant, they can lodge an objection in accordance with Section 574 of the German Civil Code (BGB).

There are various reasons why this could be the case, such as a lack of alternative living space or an “unjustifiable” hardship for the tenants or their household members when the tenancy is terminated. According to the German Tenants' Association (DMB), this can be the case due to frailty, illness, pregnancy or difficulties changing school. The social clause is an important right, particularly for tenants where several of these factors come together.

Conclusion

Mimikama Rating: MISLEADING

Terminating an apartment is only possible for a “legitimate interest”. Personal use can only be claimed if the living space is needed for the owners themselves, direct relatives or members of the household and not as a reason to accommodate refugees. These regulations apply to both private landlords and real estate companies or housing associations. There are clear legal requirements that regulate the accommodation of refugees and do not make it so easy to terminate rental agreements in this regard. In order to accommodate refugees, cities and municipalities can terminate the rental agreements in the case of municipal home ownership if all other possible means have been exhausted. But this is really only the last option.

Source:

DPA

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