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Leases: No Arbitrary Eviction By The Landlord

The unauthorized evacuation a no-fault liability for damages of the tenant threatens the landlord. If a tenancy which is ever finished, is the lessee pursuant to 546 BGB shall specify out the leased property to the landlord. The landlord has a claim against the tenant on clearance and release of the leased property. (Source: Boy Scouts). Unfortunately it happens time and again that a tenant not voluntarily releases the leased property upon the termination of the lease. The question then is whether and how the landlord can enforce its expressly enshrined repossessions and issuing claim against the tenant. If the tenant does not voluntarily gives the leased property, there is only one legitimate way to enforce the repossessions – and publishing claim of the lessor perspective author working particularly in the law of tenancy in the LK Verden: it must first imposed a corresponding eviction. If bound by a judgment or a settlement at the end of the legal proceedings of the tenant the rent thing is to clean, but always still does not voluntarily comply with this obligation, is to apply for the eviction of the bailiff.

The eviction is the subject, by the costs of the Court and any m.j. determine value, usually after the annual rents to measure in the tenancy law ( 41 para 2 GKG). For the eviction, the bailiff about requests also an advance in the amount of evacuation costs. So considerable costs be on the landlord, if the lessee does not voluntarily publishes the leased property. Occasionally landlords on the idea to save these costs.

You waive an eviction and spaces the apartment itself, without having obtained a corresponding judgment. This is extremely dangerous for the landlord from a legal perspective, because it raises claims for damages of the lessee against the owner. The lessor shall be liable here regardless ( 231 BGB). It is so not even on whether the landlord may believed or E.g.