Tenant does not move out

If the tenant does not move out: eviction

After the end of the tenancy, you have the right to have the tenant move out and return the apartment to you completely cleared.

• According to § 545 BGB, however, there is a tacit extension of the lease indefinitely if you do not make it clear to the tenant within two weeks that he is should take off. You should therefore request him to vacate the property in writing in good time.
• If your eviction claim is due, it may lapse again under certain conditions, for example if there is a payment arrears that are not due termination has led, is balanced. Even if the termination would represent an unreasonable hardship and the tenant has objected in due time, this exists Tenancy away.
• If there are no special features and your tenant does not move out despite an eviction claim, you must file an eviction action with the competent local court.
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Your claims until eviction

• As long as the tenant continues to use the apartment, you are still entitled to the agreed rent or the local rent rent. In addition, the operating costs are incurred according to your contractual agreement.


Eviction Action - Costs and Cost-Saving Ways

If a tenant does not move out voluntarily after the termination of the tenancy, ...

• Even if you are understandably upset and want to make your tenant's life as uncomfortable as possible, you shouldn't do that heater or turn off the power. This is because the case law disputes whether such measures are permissible for renting a home.
• If, on the other hand, you want to persuade a commercial tenant to move out, most courts consider it permissible in the event of default to extensively stop the supply. In such a case, however, seek legal advice beforehand.
• If your tenant has finally disappeared but left his apartment uncleaned, you are not allowed to order the bulky waste yourself and the furniture get out. Even then, you must obtain an eviction notice and then instruct the bailiff to do so. Otherwise you can not only make yourself liable for damages, but even make yourself liable to prosecution.

Since an eviction suit and the subsequent eviction are associated with considerable legal and court costs You should definitely take out legal protection insurance as a landlord to lock.