No vigilantism at eviction.
Have you terminated as lessor the lease with the tenant, the tenant moves ideally voluntarily out of the apartment. The reality is often rather different. Since the tenant then usually pays no rent, is always tried as long as possible to remain in the apartment at the expense of the landlord. In this case, you have to rely on an eviction and eviction.
Eviction instead vigilantism
- The always standard practice to exchange the apartment keys to the rented apartment is not allowed. It represents a trespassing because the owner actually practicing vigilante justice. As a landlord, you must turn to the courts to claim.
- An eviction was and is still one costly affair. It is often associated with a high organizational commitment. You must obtain an eviction in court by way of an action for eviction, and then instruct a bailiff with the eviction. The costs involved for the bailiff, the retention of a freight forwarding and warehousing of the household of the tenant have to be advanced as a landlord. The bigger the dwelling, the higher are usually also the cost. Whether you get reimbursed by the tenant your expense, often written in the stars.
To save costs
This situation has taken the Tenancy Reform, 2013. The law obliges the courts to carry out eviction priority and accelerated. The judge is a priority schedule and set short brief periods.
- In order in particular to save the cost of shipping and storage of household, you can have recourse to the "Berlin model". Given limited your enforcement order to the bailiff on the surrender of the apartment. On furniture the tenant making a lien. This evacuation practice is lawful (§ 885a ZPO). You can also household of the tenant in the apartment or otherwise left between storage (cellar). Garbage and filth you can eliminate.
- The tenant can reclaim his goods within one month. If he does not, you can use the stuff by commission a bailiff with the public exploitation. The advance payment of the bailiff is considerably reduced in this way.
- Another relief is that the eviction from the apartment located in a third party by an injunction can be arranged (§ 940a ZPO). Previously required the owner to a third party its own eviction. Are you surprised at the evacuation of its presence, the bailiff may refer to a requested injunction that person immediately from the apartment.
The occurring in practice "cold clearance" is not necessarily recommended. It provides the owner on the power supply in the tenant apartment and announces the supply contract with the power company. Courts decide many that the tenant (especially renters with children) during the evacuation process claim it has to be supplied in the apartment with water and electricity.