How does the eviction process work
Filing and averting eviction action: How does it work?
What actually is an eviction action? Housing is in accordance with tenancy law Civil Code (BGB) specially protected. The courts have also been frequent in current case law in favor of tenants decided. It is therefore not easy for landlords to find a To terminate tenants. Just because of special reasons this is permissible. It becomes problematic if such an occasion is given, but the tenant after the terminationdoes not take off.
In such cases, the landlord only has the option of filing an eviction claim. Which requirements must be fulfilled for how high the costs are in favor of an eviction action and which Procedure You need to follow this guide to learn. Tenants are also told how to lodge an objection to an eviction action can.
FAQ: Eviction Action
No. Eviction is only permitted if the landlord has obtained an eviction title by means of an eviction action and has given the tenant a deadline to move out. We describe here how this works in something.
An effective termination by the landlord is required. It must therefore meet the requirements of tenancy law.
If the landlord has effectively terminated due to personal use, he may also sue for eviction.
Eviction suit: what is the usual procedure?
A tenant takes the Payment of the rent not overly serious or just takes care of Restlessness in the house, there is a legitimate interest for the landlord that End tenancy. Also own use, one Complete renovation or significant financial risks are considered justified reasons for terminating a tenant. This becomes problematic if the tenant does not adhere to the deadline Evacuation of the apartment holds.
Landlords have little control if a tenant simply stays in the apartment. If they act on their own authority, they usually make themselves liable to prosecution. The only legally clean way out is the eviction action. This is basically the case for the Location of the apartment responsible district court. For an eviction action in the commercial sector, this is depending on the amount in dispute District Court or the Regional Court the right adress.
With the eviction action, landlords receive one enforceable eviction title. With this you are entitled to the bailiff with the Evacuation of the apartment to commission. So that this can happen, landlords have to correct course of an eviction action adhere to. One requirement is that correct termination.
It has to be from one legally recognized reason respectively. If necessary, is before the terminationto warnso that a tenant can correct his misconduct if necessary. If it doesn't change, it can properly and even terminated without notice become. The statutory notice period for apartments must be observed. However, if the tenant does not move out, landlords must file an eviction action. The Court is reviewing the lawsuit and then issues an evacuation permit with which the landlord can Apply for eviction can.
A possible outcome of an eviction action can also be a Eviction comparison be. In this, the tenant undertakes to buy the apartmentat some point return. If he doesn't, the landlord can have the apartment vacated.
Eviction action for personal use
Personal use is considered a legally accepted reason for a Termination of the tenancy. If all formalities have been complied with, the eviction action is just as feasible as in other cases where the tenant does not move out.
How long does an eviction claim take?
Many landlords ask themselves: “How long does an eviction complaint actually take? B. because of rent arrears? ”One concrete statement However, this cannot be done because the Duration of the eviction action is always from the individual mix dependent.
First, the court has to make a decision. Then the tenant is usually given a Eviction period admitted, in which he can leave the apartment independently. In the case of sick, old or suicidal people, however, a Evacuation protection be requested. This can be the duration of the eviction action extend considerably.
Landlords should not be under the illusion that an eviction action would quickly settle the case. Realistic is one Procedure lasts from six months to a year. In exceptional cases this can even be done two years take advantage of. Ultimately, this depends on how much the court enforces the eviction action, what deadline is set and how laborious it is to examine the evidence is.
Eviction action: what costs are to be expected?
Often the landlord is faced with the question: “What does an eviction claim cost me?” - actually nothing. What sounds like good news at first, but has its pitfalls. In order for the process to even start, landlords have to Advance payment for court costs pay in the eviction action.
They are allowed to do that To have the money paid out by the tenant, but if he is not solvent, a landlord can stay seated at his expense.
Basically, the costs of eviction are the costs depending on the amount in dispute. This is calculated from the cold rentwhich is extrapolated to a year. This becomes the Advance court costs and legal fees calculated.
Overall, the cost is one Cold rent of 400 euros In the range of 1,200 to 2,000 euros. The higher the rent, the higher the fees to be assessed. Then there are those Eviction costs by the bailiff.
Under certain economic conditions there is the possibility of Legal aid according to Section 114 ff. Of the Code of Civil Procedure (ZPO) to apply. This ensures that the court costs are paid for the time being.
Keep the costs of eviction proceedings low
The costs can be reduced if an agreement is reached with the lawyer not to be settled in accordance with the Lawyers' Remuneration Act, but a flat rate is agreed. who the Eviction action without a lawyer carries out, can delete this cost item completely.
Sample of an eviction action: this form will help you!
At this point you will find a sample for the eviction action adapt to your situation can. Notice that you List all tenants or employable residents have to. It also makes sense to have a Compensation for use in accordance with Section 546a of the German Civil Code to call.
By filing the eviction action, court costs arise in any case, which you Pay in advance have to. The withdrawal of the lawsuit does not prevent this.
You must submit the following documents once per opponent and once per court:
- Completed eviction notice
- Copy of the rental agreement
- Copy of the termination with proof of receipt
Sample for an eviction action:
Mr / Ms Mustermann (landlord)
Competent local court or regional court
Mr / Ms Mustermann (landlord)
Mr. / Ms. Mustermann (tenant)
Mr. / Ms. Mustermann (other tenant)
Mr / Ms Mustermann (lawyer)
I am suing for eviction and surrender and apply for the following judgment to be issued:
- The defendants are jointly and severally sentenced to vacate the apartment in [address and exact location of the apartment], consisting of [list of rooms, possibly also basement and attic], with a total area of [amount] m² and to hand it over to the plaintiff.
- The defendants are jointly and severally sentenced to pay the plaintiff [amount of debt] euros plus 5% interest above the base rate since [date of debts].
- The defendants are jointly and severally sentenced to pay the plaintiff monthly compensation for use of [amount] euros until the apartment described under 1. is returned. The due date of the compensation for use is set on the [date] and then takes place on the third working day of each month.
- The defendants bear the costs of the legal dispute.
- The judgment is provisionally enforceable.
In the event of written preliminary proceedings and in the event that the defendants do not report their intention to defend themselves in good time or acknowledge the claim in whole or in part, we request a default judgment pursuant to Section 331 III of the German Code of Civil Procedure or an acknowledgment judgment pursuant to Section 307 of the German Code of Civil Procedure without an oral hearing .
The defendants rented the apartment described under 1. from the plaintiff through the lease dated [date]. The monthly rent is [amount] euros plus [amount] euros for ancillary costs.
The defendants are in arrears with the payment of the rent and the ancillary costs for the following periods:
- Month: [calendar month] in the amount of [amount] euros
- Month: [calendar month] in the amount of [amount] euros
- In addition, there are the following additional arrears totaling [amount] euros.
The requirements of § 543 BGB are thereby fulfilled.
The defendant was given notice without notice due to the rent arrears by letter dated [date].
However, the defendants did not vacate the apartment. Therefore the eviction must be enforced by legal action. The right to payment of the arrears rents and other arrears is asserted accordingly. In addition, as the plaintiff, I am entitled to compensation for use, which is claimed under 3.
I initially state the amount in dispute of the procedure as [amount in dispute = 12 monthly cold rents plus rent arrears]. To pay the court costs, a check for [amount] euros is attached to this lawsuit.
[Place], the [Date] [Signature of the applicant]
Proof: [Rental agreement, termination with registered receipt]
For tenants: what to do in the event of an eviction notice?
If tenants hold an eviction notice, it does not automatically mean that they are leave the apartment directly must or that of the bailiff in the next few days in front of the door.
In the case of rental debts, for example, the termination and eviction action can be averted by the Payment of arrears. As a result, the eviction action becomes irrelevant.
Tenants usually have up to two months. However, this is only possible once within two years.
Can those affected do that? Don't raise money yourself, there is always the possibility of yourself to come to an amicable agreement with the landlord and Z. Legs Installment payments to make out. If the owner does not accept this offer, the tenants can too Support from the office apply for. With the so-called Takeover declaration the job center takes over the costs to a possible homelessness to prevent.
In addition, tenants shouldn't bury their heads in the sand, but themselves actively participate in the process. This also includes deadlines and appointments of the court to take seriously. Exists at the district court no legal requirement - Letters and applications can often be made informally.
It is important, for example,within the first two weeks to express defense readiness. All you need is a letter in which you explain your point of view or measures, or an interview with the local court. After registering for defense readiness, you have two more weeks to complete your Justify objection.
To a Default judgment To avoid this, tenants must not let any deadline pass unused. This increases that riskto lose the apartment due to the eviction. If in doubt, it is advisable to go to a lawyer specializing in tenancy law.
What other options are there?
- Appeal against a judgment
- Apply for eviction protection
- Apply for a clearance period
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