Got Evicted Without Notice and Belongings Removed

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Hi everyone,

Need some advice, we currently reside in Saarland.

We came home today to find the locks changed, upon calling the landlord he informs us that we have been evicted and our stuff has been sent into storage.
Apparently there was a mix-up with the online banking and he never got the rent payment for April 2017. However he NEVER called nor did we receive any written notice or anything from him concerning the matter. We weren't given any notice of eviction, we were totally blindsided. I mean if he had simply called we would have made sure to have had the money rewired!!! And if he wanted use to move out after so be it as he was never a really nice land lord to begin with. But we got no notice whatsoever!!! 

We already paid for September (but we don't live there anymore) so the court lady said all we owed the landlord now was 40 euro for interest. Of course we have to pay court fees which will probably amount to around 2000 euro including the removal and storage of furniture!!!

Someone from court came and supervised the removal of everything. So now we're pretty much homeless and working on getting our things from storage.
My boyfriend had some keys to his parents place and the landlord took those keys and messaged to said he had them. 

Was he legally allowed to take those???

We've tried calling him to meet up to pay him what we owe as well as to give him back his keys and get our keys but he's not answering.
Is this legal? Should we go to the police? Do we have any rights? We called the court as was instructed and we were told to just pay the landlord what we owe him and we'd have court fees to pay the court itself later on which includes an invoice from the moving company on top of paying them separately to move our stuff out.

What kind of country is Germany anyway?! I'm not German, my boyfriend is and he's never been in a situation like this so was pretty stumped and overwhelmed.
So basically a landlord can lie and say they delivered a notice and just evict people?! 

We also got a list from the moving company for our things, and items such as Laptop and blu-ray player were not listed.

Any advice would be greatly appreciated, thank you!
 

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I find it very hard to believe that you were never given any notice.  Tenants in Germany have rights and you can't just evict people without proper process.  Normally it takes months to get an eviction verdict and even then, the court bailiff should give you 3 weeks to leave before they come and remove your stuff.

 

You should discuss this with a lawyer.  Unless the landlord had sent you certified letters that you signed for, there is no proof that he sent you anything in which case, he went to court and lied that he did.

 

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It's always better to pay the rent with a Dauerauftrag (standing order), so mistakes like the one you mentioned cannot happen. For instance, not paying rent for 2 months running is a reason for termination of the rental contract, but you have to be informed in writing, upon which you can object in writing (Widerspruch einreichen). The landlord then gives a final deadline in writing for you to move out. If you don't comply he can apply to the court for action for eviction (Räumungsklage).

 

Here are details of the procedure: https://www.financescout24.de/wissen/ratgeber/raeumungsklage

 

  1. Zunächst kündigt der Vermieter das Mietverhältnis mit seinem Mieter.
  2. Der Mieter legt Widerspruch gegen die Kündigung des Mietvertrags ein und wehrt sich, indem er zur angegebenen Frist nicht auszieht.
  3. Ist der Mieter der Aufforderung zum Auszug nicht nachgekommen, setzt der Vermieter eine Nachfrist.
  4. Ist diese Nachfrist verstrichen, wird der Vermieter oder sein Anwalt eine Räumungsklage beim zuständigen Amtsgericht einreichen. Diese Klage darf frühestens zwei Wochen nach erfolgter Kündigung erhoben werden.
  5. Das Gericht fordert vom Kläger nach dem Einreichen der Klageschrift einen Gerichtskostenvorschuss. Dieser muss bezahlt werden, damit die Räumungsklage eröffnet werden kann.
  6. Anschließend erhält der Mieter die Räumungsklage per Post. Er ist verpflichtet, auf das Schreiben zu antworten. Antwortet der Mieter nicht, kann der Anwalt des Vermieters ein Versäumnisurteil beantragen. Die Chancen auf einen positiven Räumungstitel sind sehr hoch. Verteidigt sich der Mieter gegen die Klage, kommt es zu einer Verhandlung vor dem Amtsgericht.
  7. Schließlich spricht das Gericht ein Urteil, das vier Wochen nach der Verhandlung rechtskräftig ist und vollstreckt werden kann. Die Kosten für das Gerichtsverfahren muss die unterliegende Partei bezahlen.
  8. Für die Vollstreckung wird der Gerichtsvollzieher beauftragt.
  9. Der Gerichtsvollzieher kündigt dem Mieter sein Kommen an und verlangt die freiwillige Räumung. Wird das Mietobjekt nicht freiwillig geräumt, kann der Gerichtsvollzieher einen Container anfordern, in welchem der Hausrat des Mieters eingelagert wird.

 

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As landlords relate stories of it taking 1 year+ to legally evict a horror tenant, this just cannot be right. As a landlord I've been lucky but know how bad it can go, and in fact one of my friends is trying to evict a problem tenant right now.

 

In particular a bailiff has to evict you. The landlord cannot just change the locks or even disconnect the electricity. 

 

I'm mystified as to how the court was involved. That is simply impossible. And how do a bunch of auslanders know your rights better than your German husband.

 

Well I hate the knee jerk lawyer up advice to every question. But in this case. Lawyer or Mieterschutzverein up.

 

As THM below said. The landlord is in deep shit at the hands of a lawyer who knows how to exploit this. Not only will your expenses and losses be compensated, there will be serious damages.

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As 

2 hours ago, bramble said:

It's always better to pay the rent with a Dauerauftrag (standing order), so mistakes like the one you mentioned cannot happen. For instance, not paying rent for 2 months running is a reason for termination of the rental contract, but you have to be informed in writing, upon which you can object in writing (Widerspruch einreichen). The landlord then gives a final deadline in writing for you to move out. If you don't comply he can apply to the court for action for eviction (Räumungsklage).

There was a case a few years back where a couple was evicted for repeated late rent payments but even then it took a court case and time to get it through. While I can imagine this is very stressful it is your landlord who is in a deep pile of shit. Get a lawyer who specializes in rental law and he'll sort it out. Let me repeat this your landlord is in deep deep dodo and will seriously regret being such an ass. What ever you do don't sign anything he sends you!!!!

 

What part of Germany do you live in?

 

Please do update us.

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11 hours ago, SaarFrau said:

We came home today to find the locks changed, upon calling the landlord he informs us that we have been evicted and our stuff has been sent into storage.

How long were you away? 

Did you leave Germany?

What did you do to regularly check the mail (e,g, neighbor forwarding it)?

 

Concerning the "landlord didn't contact us": Did you leave a forwarding address while you were "away"? 

 

 

Quote

As landlords relate stories of it taking 1 year+ to legally evict a horror tenant, this just cannot be right.

@MadAxeMurderer, yes, there are many horror stories, but this is usually due to tenants knowing how to answer, not answering at all can result in quite a fast eviction. Being away and unreachable for the court is a problem...

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We have the post office hold all of our mail when we travel. They will not, however, hold any registered mail that must be signed for.

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13 hours ago, LeonG said:

You should discuss this with a lawyer.  Unless the landlord had sent you certified letters that you signed for, there is no proof that he sent you anything in which case, he went to court and lied that he did.

 

 

Hi Leon, we have spoken to a lawyer and what he did was definitely illegal and it also confuses the lawyer how he was even able to get the court to agree to such!

 

 

10 hours ago, bramble said:

It's always better to pay the rent with a Dauerauftrag (standing order), so mistakes like the one you mentioned cannot happen.


Hi Bramble, we've had issues with standing orders before in terms of our Vodafone contract and electricity bill where money was pulled but never reached those accounts. As a result, we started paying all our bills directly in the bank itself, it's a hassle but it gives us piece of mind especially since online banking proven itself to be too inefficient on more than one occasion. So the money was definitely sent to his account directly so the bank is investigating. 

 

 

10 hours ago, MadAxeMurderer said:

I'm mystified as to how the court was involved. That is simply impossible. And how do a bunch of auslanders know your rights better than your German husband.

As THM below said. The landlord is in deep shit at the hands of a lawyer who knows how to exploit this. Not only will your expenses and losses be compensated, there will be serious damages.


Hi MadAxe, I suppose once doesn't necessarily know their full rights until they've been put in such a situation, especially when you've been blindsided and aren't thinking straight. The lawyer has indeed told us that we would be compensated for all the extra expenses that we've now had to unnecessarily endured.

 

10 hours ago, Tim Hortons Man said:

Get a lawyer who specializes in rental law and he'll sort it out. Let me repeat this your landlord is in deep deep dodo and will seriously regret being such an ass. What ever you do don't sign anything he sends you!!!!

 

What part of Germany do you live in?

 

Please do update us.


Hi Tim, we got a lawyer who specializes in this field and he really cannot believe the situation. We lived in Saarbruecken and I will definitely keep you guys informed.

 

10 hours ago, SpiderPig said:

What happened to Thursday?

 

Hi Spider, we ran around and sorted as many things as we could today.
 

 

8 hours ago, fraufruit said:

And don't give him any more money.


Hi Frau, we couldn't even if we wanted to. As after sending us a text stating that he had some of personal belongings he has ignored all of our calls/sms/emails, which only makes things worse for him. Not entirely sure why he's doing this. We've never had an issue with him before, except that he's bad at communicating as sometimes when we'd need stuff  in terms of paperwork for the apartment, he's take weeks to even reply to us :/  we've always been a phone-call/sms/email away so he's never had a problem getting in touch with us. That's why I know for a fact that he did not send any letter, especially since you would need to sign for receiving it and I've only just recently got a new job, so I've been home and I would have been present to sign for something.

 

 

8 hours ago, franklan said:

How long were you away? 

Did you leave Germany?

What did you do to regularly check the mail (e,g, neighbor forwarding it)?

Concerning the "landlord didn't contact us": Did you leave a forwarding address while you were "away"? 


Hi Frank, we didn't go anywhere. We went to work in the morning and came home in the evening to find the apartment locked and when we called him he told us that he had our things removed. Later that night he texted to say he also had some of our personal items. We check our mail everyday and never received anything from him. Nor did we have any miss call or email from him for months. We messaged him right back and even called but he's ignoring us. 




 

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I hope you will defeat this d*ck landlord.

 

I can't believe such things are happening!

 

Good luck SaarFrau! Loved your handle btw :) 

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This feels like the twilight zone.  wow.  Never heard of anything similar in DE before.

Good luck and if possible let us know when and how the f****r gets his due.  It should be quite satisfying to read.

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Have you considered going to the local news paper or radio station?  They might be interested and publicity might help get the gears moving.  Just a thought.

 

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1 hour ago, LostInEurope01 said:

Have you considered going to the local news paper or radio station?  They might be interested and publicity might help get the gears moving.  Just a thought.

 

I don't know if that is such a good idea.  I'd definitely run that idea by the lawyer before proceeding.

 

This story is simply outrageous.  I wonder if the LL has personal connections in the courts?  You can't even start thinking about eviction proceedings until the tenant has missed 2 full payments...and you only "missed" one, all the way back in April?  wtf?

 

but I'm so glad you have a lawyer on the case - go get him!

 

and do keep us posted.  

 

ETA:  have you verified that the "court" you were instructed to call is ACTUALLY a legit phone number?

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On 9/7/2017, 8:03:38, MadAxeMurderer said:

And how do a bunch of auslanders know your rights better than your German husband.

 

I think we too often have situations where people try to screw us over (it happens in the US to foreigners, too - not a German thing) and so often we ARE more knowledgeable about these things as one really needs to delelop a special radar for bullshit ;)

 

At my last company, I can't tell you how many Germans were screwed over by our employer as they didn't know their rights under labor law...it appeared they just don't have this worry that someone is taking advantage of them, and hence don't look into it (or something like that - it was weird) 

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Something must be missing in that whole story. I simply can´t believe that a court would grant an eviction order to the landlord without having given the tenant a chance to be heard. Maybe there was some sort of mail delivery problem (like postman dropping letters into the wrong letterbox etc.)?

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6 minutes ago, jeba said:

Something must be missing in that whole story.

 

 

That's my bet, too. I don't buy that story - the landlord not sending cancellation etc. is one thing, the court not doing so is another. An eviction is no overnight thing, it even then takes weeks if the renter has a history of not paying the rent and includes numerous letters from the court/the bailiff. 

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3 hours ago, fraufruit said:

It sure sounds like you are heading in the right direction now.

Onward!


Hi Frau, thanks so much for the positive energy, you can't imagine how shocked we were when all this happened. Especially for me since I'm an Ausländer and still relatively new to everything I was really caught off-guard.
 

 

2 hours ago, Thormein said:

I can't believe such things are happening!

Good luck SaarFrau! Loved your handle btw :) 


Hi Thormein, I couldn't believe it myself. I was like, am I still in the Caribbean? What madness is this? Even in the third world Caribbean islands things like that cannot happen, unless of course you have connections with the court/police. Also because I've been researching and never seen anything similar to our situation is why I decided to post here. I have been reading stuff via this forum for over a year reading up on things and educating myself on everyday things that can occur in Germany since I'm an Ausländer, it's helped me so much. I figured if this ever happens to someone in the future (I hope not) at least they would have a thread to get some advice from.

Thanks for the compliment, my husband's family is from the region many generations going back so I thought it fitting haha.


As for going to the radio/newspaper I'm not sure because I've actually been having problems with my bank in that they took 6 months (yes you read right) to issue my bank card. And I felt that it may have been because I was mixed race. I've also had issues with them pulling money from my account for no reason, and I'd only notice because I have a Masters in Statistics with a background in economics and accounts so numbers are my thing haha. So every time this event occurred, I'd notify them and they'd apologise and say they're having server issues (for over a year) and they would put the money back almost immediately (sometimes anyway), but it happens way too often, almost every month. I even wrote letters to my local branch as well as to the head branch and nothing. When I spoke to my husband about it he said he didn't think it was a good idea as when he spoke to a family friend at the bank they told him it would be difficult to get justice. Now with this landlord issue I' definitely switching banks, we're investigating if the bank pulled the money and sent it to the landlord's account of it it did one of its previous magic tricks. 

But we're definitely going to ask the lawyer his opinion on going to the papers about both issues. Because had I not been watching my balances the bank would have stolen so much money from me. 

 

48 minutes ago, lisa13 said:

This story is simply outrageous.  I wonder if the LL has personal connections in the courts?  You can't even start thinking about eviction proceedings until the tenant has missed 2 full payments...wtf?...and you only "missed" one, all the way back in April?  wtf?

 

and do keep us posted.  
ETA:  have you verified that the "court" you were instructed to call is ACTUALLY a legit phone number?


Hi Lisa, as I was mentioning to Thormein above, we had been experiencing issues with the bank. According to our receipts the payment WAS made and the bank said according to their system the money did pull from my account. Currently they're investigating to see if it was sent to the landlord and if it wasn't then it would be the bank's fault that all this mess happened in the first dang place coupled with the landlord just being an idiot. 

As for the number being legit, yes it was because the landlord was too lazy to give the full number all he gave was her name. My husband had to call the court's main switchboard to get through to her direct line and she then told him that we got evicted because of missed ONE month's rent back in April. But since we paid for September's rent before August ended (we always pay the rent before the month even begins) she said all we had for the landlord now was the interest of the missed payment which is just 40 euro. So all this headache for 40 Euro??? Ugh! So I think she may be in some trouble too as well from what the Lawyer was mentioning.

Will definitely be keeping you guys posted.
 

 

20 minutes ago, jeba said:

Something must be missing in that whole story. I simply can´t believe that a court would grant an eviction order to the landlord without having given the tenant a chance to be heard. Maybe there was some sort of mail delivery problem (like postman dropping letters into the wrong letterbox etc.)?


Hi Jeba, we never received any mail. I understand one of us would have had to sign for it, so I can't see the postman making an error. The Lawyer we spoke to said that there's no way for the court to grant this order unless the landlord has connections or perhaps bribed someone. Either way the landlord and the lady on the phone are in big trouble.

 

11 minutes ago, someonesdaughter said:

That's my bet, too. I don't buy that story - the landlord not sending cancellation etc. is one thing, the court not doing so is another. An eviction is no overnight thing, it even then takes weeks if the renter has a history of not paying the rent and includes numerous letters from the court/the bailiff. 


Hi Someone, this is indeed the entire story from our end believe it or not. I suppose since we got married we've just had bad luck. Because situations that are rare like my banking experience and now this has happened to us. So trust me, moving to Germany has left a very sour taste in my mouth as I feel like I don't have much rights in this country. 

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5 minutes ago, SaarFrau said:

Hi Someone, this is indeed the entire story from our end. I suppose since we got married we've just had bad luck. Because situations that are rare like my banking experience and now this has happened to us. So trust me, moving to Germany has left a very sour taste in my mouth as I feel like I don't have much rights in this country. 

 

You have the same rights as anybody else. And the same duties. 

 

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