> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/mieteinheit/einliegerwohnungen.md).

# Granny flats

This page explains how a granny flat is defined in law, which particularities apply to protection against termination, and how you can regulate rights of shared use clearly in the rental agreement.

A granny flat is a separate apartment in a **building that is occupied by the owner themselves** and contains no more than two apartments. The granny flat must have its own lockable entrance and be usable independently of the landlord's apartment. Individual rooms that are only accessible through the landlord's apartment do not count as a granny flat.\
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Tenants of granny flats and of **apartments in two-family houses** where one of the apartments is occupied by the landlord themselves have fewer rights than other tenants. In particular, **protection against termination is limited**, and no special reason is needed for a **fixed-term tenancy**.

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<summary><strong>Rights of shared use for granny flats</strong></summary>

For **granny flats**, **rights of shared use** should be clearly regulated in the rental agreement in order to avoid misunderstandings and disputes.\
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Since landlord and tenant often live in close proximity, it is important to define clearly which areas are released for shared use (for example gardens, laundry rooms, cellar rooms or driveways).

A precise contractual provision protects both parties:

* It protects the landlord from unwanted or impermissible use.
* It gives the tenant certainty about the use that is permitted.

{% hint style="warning" %}
In the Immodio rental agreement assistant, state precisely under "Rights of shared use" which premises the tenant may use jointly.
{% endhint %}

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<summary><strong>Legal notes on terminating a granny flat tenancy</strong></summary>

As the landlord of a granny flat you can terminate your tenant's tenancy more easily than other apartment owners if needed. You have a **special right of termination.**

In principle a landlord may only terminate a tenancy if they have a legitimate interest in ending it, as set out in Section 573 BGB.

For **granny flats**, however, special rules apply under **Section 573a BGB**. The landlord has a choice:

1. They can either state and prove a legitimate interest as the reason for termination, such as personal use, as usual.
2. Alternatively they can terminate without giving reasons, but must then expressly declare that the termination is not based on a legitimate interest. If you choose to terminate without giving reasons, the notice period is automatically extended by three months.

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