Mittwoch, 31.07.2024
Eviction of a tenant
What do you need to watch out for as a landlord?
from
Lars Christian NerbelLawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
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In this video, Lars Christian Nerbel, a lawyer at caspers mock Anwälte in Koblenz, explains important legal aspects related to the topic of forced evictions of rental apartments.
- Addressees of an eviction action: An eviction action must be directed against all adult persons living in the rented property in question, regardless of who signed the lease. This includes relatives, life partners or flatmates.
- Exception for minor children: minor children do not have to be included in an eviction action, as they do not have joint ownership of the apartment and are in a dependent relationship with their parents. An eviction order against the parents is sufficient.
- How to deal with unknown residents in the event of eviction: If it turns out that an unknown person is living in the apartment and no eviction order has been issued against them, the landlord must quickly apply for a temporary injunction in order to be able to take action against this person. This requires proof that the landlord only found out about the person's presence after the fact.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.