Eigenbedarfskündigung von Wohnraummietverhältnissen

With a view to legal doctrine, legal policy and legal comparison (Austria and Switzerland), the work analyzes the scope and limits of the landlord's termination of a residential tenancy for personal use. The result of the study is, in particular, that the ordinary termination protection of the contractually faithful tenant is structurally flawed, as there is a contradiction of values in the termination structure of tenancy law. The susceptibility of the provision to abuse through circumvention models such as the so-called Munich model was only made possible by the BGH case law on the analogous application of the own-use termination provision to the GbR and its shareholders, which is why an amendment is necessary.