Advice for evicting tenant

15 posts in this topic

Posted

I have an apartment in Trier which I rented out for almost 2 years now to a family with children. I lived in Ireland for 2 years but now I'm moving back to my place and sent a termination letter 3 months prior to the date I would move in (being 01/01/2013). The guy called me and said he and his wife both lost their jobs (which explains they haven't paid rent for 4 months) and that they are going on holidays to Africa for a month in December. He said he won't be able to move out until end of January. He told me over the phone so he didn't officially object to the termination notice in writing.

 

I've been very lenient and patient with him when previously he had unpaid rent (which he repaid) but since he's out of a job now I'm starting to doubt his ability to find a new place in January.

I haven't contacted a lawyer yet as I want to explore other options first but I'm wondering what my next steps could be? I'm afraid that if I go the hard way he'll just dig in and not move out for a long while (waiting a court order). So far our relationship was good and I believe he's honest in his intentions (but that might just be good ol me...)

 

Does anyone know an English speaking solicitor around Trier? How much should I expect to pay for this eviction process?

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Posted

They can't pay rent yet can afford to fly their family to S.A. for a month holidays. Smells fishy to me. Perhaps they are doing a runner which would work out best for you since they aren't paying anyway. Unless you have their deposit in a joint account that you can't access alone.

 

All the best to you.

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Posted

Yes, that's a strange story. A holiday in Africa for a whole month for a family easily costs several thousand euros. Did you address this to them?

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Posted

 

He said he won't be able to move out until end of January. He told me over the phone so he didn't officially object to the termination notice in writing.

 

Draw up a so-called Räumungsvergleich including an enforcement clause and sign it in front of a notary. If the tenants do not move out on the agreed date you can immediately enforce the agreement without going through the eviction procedure.

 

 

You can avoid the hassle of court procedure if you and your landlord sign an enforceable agreement ("Räumungsvergleich"), i.e. you agree on a date by which the apartment will be vacated, after this date the landlord can enforce the agreement.

 

If the landlord has to enforce the eviction notice you are liable for all costs (moving van, helpers, storage, final cleaning etc.) as well as for any open rent payments. The landlord, on the other hand, is obliged to keep damages as low as possible (Schadensminderungspflicht), i.e. employ cheap labor and find storage with low charges.

source: Süddeutsche Zeitung, no.215, Friday, 17 September 2010, page 59

 

 

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Posted

 

Yes, that's a strange story. A holiday in Africa for a whole month for a family easily costs several thousand euros. Did you address this to them?

 

He said he bought the flights in June. The family is African so I think they'll be staying with family there. They did the same last year (and apparently the flights were so expensive they couldn't pay rent for 2 months then either).

 

 

Draw up a so-called Räumungsvergleich including an enforcement clause and sign it in front of a notary. If the tenants do not move out on the agreed date you can immediately enforce the agreement without going through the eviction procedure.

 

That's interesting, but they have to sign it as well right? I'll have to do it in January when they are back.

 

I already consider the rents lots but they have a deposit (2 months rent) which was done through some kind of insurance policy so I don't have the money in hand. I'll have to check with the agency who made the agreement. Is it possible in Germany to claim the deposit for unpaid rents?

 

Thanks for the useful advice so far!

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Posted

 

That's interesting, but they have to sign it as well right? I'll have to do it in January when they are back.

Well, yes, or else it's not a reciprocal agreement.

 

 

Is it possible in Germany to claim the deposit for unpaid rents?

 

Short answer: yes

 

 

Wozu dient die Kaution?

 

Die Kaution dient dem Vermieter als Sicherheit für alle aus dem Mietverhältnis gegenüber dem Mieter bestehenden oder bei Auszug entstehenden Ansprüche. Insbesondere rückständige Miete, Ansprüche aus der Betriebs- bzw. Nebenkostenabrechnung, Ansprüche auf Schadensersatz wegen Schäden in der Mietwohnung und Schadensersatz wegen nicht durchgeführter Schönheitsreparaturen (sofern der Mieter dazu verpflichtet ist). Der Vermieter hat das Recht zu bestimmen, wie die von dem Mieter geleistete Kaution auf Ansprüche aus dem Mietverhältnis verrechnet wird. Forderungen des Vermieters gegen den Mieter, die nicht aus dem Mietverhältnis stammen dürfen nicht verrechnet werden.

The deposit is meant for all the landlord's claims against the tenant arising from the lease.

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Posted

Step 1: Grow a pair of balls then move on to step 2.

 

Step 2: When your tenant is sunning himself in December with your rent money then put all of his belongings into storage before moving on to step 3.

 

Step 3: Move in to your own home, not forgetting to change the keys. Your tenant has taken far too many liberties. And if you let him return from his holiday then he will continue to do so and you will be back on here asking for more advice.

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Posted

But if he wants it for his own use....

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Posted

It still doesn't entitle him to lock the tenant out of the house and remove all his belongings, SP. That would be an option for a commercial rental, but not a residential one.

 

sarabyrd's advice in post 4 is the way to go.

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Posted

 

It still doesn't entitle him to lock the tenant out of the house and remove all his belongings, SP.

Not only is he not entitled to do so, it is a criminal act (Hausfriedensbruch) and also a breach of the lease (Wohnraumüberlassung). As long as the tenant is not subjected to eviction via a court decision or the above mentioned termination agreement the lease binds both parties to their obligations in the lease, among them providing housing against payment.

 

Even if payment is not forthcoming the landlord is not allowed to block the tenant's access to the rented premises.

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Posted

Yes the last thing I want to do is get prosecuted. They are in a tighter fit than I am, I have other options where they seem to be stuck in an economic setback. I had no reason to doubt their intentions and every time could not pay the rent he called me to explain and then paid me a few weeks later.

I'm sure that going the civilised way will give me chance of them paying the rent later on when they can.

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Posted

If you want to give them some time, Ventor, that's certainly your prerogative. But given that they are 4 months in arrears with the rent, you have the right to terminate the lease immediately for good cause (in legal German: Recht zur außerordentlichen fristlosen Kündigung aus wichtigem Grund). The relevant paragraph is 543 BGB (Absatz 2 Nr. 3).

 

Based upon this, you can get an immediate eviction notice, but they might still be able to delay it in court and drive up your legal fees. In the worst case, you will have to have them physically evicted and pay for everything, plus the subsequent repairs to make the place livable again.

 

I strongly suggest that you obtain the advice of a lawyer who specializes in Wohnrecht, preferably one experienced in dealing with Mietnomaden. Under no circumstances should you take matters into your own hands or do anything like what BigEnglish suggested.

 

Like sarabyrd, I am not a lawyer and the above does not constitute proper legal advice.

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Posted

On the other hand you said he paid his back rent. I would check if it makes financial sense to kick him out. Expensive court case and you lose all your landlord tax privileges. It may seem counterintuitive but renting a place for yourself might leave you with more money in your pocket.

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Posted

That's also true indeed. I'll have to make that assessment when the time comes. Thanks!

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