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Tenancy agreement; information on termination for special tenancies

Exceptions and restrictions to the general protection against dismissal and the applicability of the social clause must be observed for certain tenancies (e.g. for furnished living space that is part of the apartment occupied by the landlord himself, granny apartments).

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Bayerisches Staatsministerium der Justiz

Bayerisches Staatsministerium der Justiz

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Prielmayerstr. 7
80335 München

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80097 München

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Procedure details

There is no protection against termination and no right of the tenant to object in accordance with Section 574 BGB (social clause) in accordance with Section 549 (2) BGB for tenancies for

  • Living space that is only rented for temporary use (no. 1),
  • living space which is part of the dwelling occupied by the landlord himself and which the landlord has to furnish predominantly with fixtures and fittings, provided that the living space is not let to the tenant for permanent use with his family or with persons with whom he has a permanent joint household (no. 2),
  • Housing rented by a legal entity under public law (e.g. a municipality) or a recognized welfare organization in order to provide it to persons with urgent housing needs, if it has informed the tenant of the purpose of the housing and the exception to the tenant protection regulations when the contract was concluded (no. 3).

The law only grants limited protection against termination in the case of tenancies for

  • living space that is part of a student or youth hostel (Section 549 (3) BGB): The landlord does not require a legitimate interest for termination. However, the tenant can invoke the social clause.
  • an apartment in a two-family house occupied by the landlord himself (granny apartment, Section 573a BGB). The landlord does not need a legitimate interest for an ordinary termination. This also applies if the landlord (sub-)lets empty rooms or furnished rooms for the permanent use of the tenant and his family within the apartment occupied by him. In these cases, however, the notice period is extended by three months compared to the normal notice periods. The landlord must state in the termination letter that he is basing the termination on the circumstances mentioned and not on a legitimate interest. However, he can also invoke a legitimate interest and claim the shorter (normal) notice period. The tenant can invoke the social clause (§ 574 BGB).

Status: 24.06.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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