Duration of eviction proceedings

The duration of the proceedings – from filing the lawsuit to the (compulsory) eviction of the apartment depends on several factors, e.g. the workload of the competent local court, whether / how the tenant defends himself or the availability and workload of the responsible bailiff. In general, one can say that an eviction action takes… Read More »

The eviction suit was successful, what now?

A positive verdict in the eviction action is gratifying. However, this does not necessarily mean that the tenant will move out and hand over the apartment to you. In order to gain possession of the apartment, you cannot – despite the judgment – carry out an eviction on your own initiative. An eviction by a… Read More »

Can’t I do this myself? Or is it a legal requirement to hire a lawyer for an eviction action, i.e. is it compulsory to use a lawyer?

The local courts have exclusive jurisdiction for lawsuits relating to the evacuation of living space (please note that this does not necessarily apply to commercial premises as well). There is no compulsory lawyer for eviction proceedings before the local courts. In other words, you can file the lawsuit yourself and attend the court hearing yourself… Read More »

Termination due to misconduct by the tenant

What happens if the tenant always pays his rent on time and in full, but there are other disagreements between the landlord and the tenant? Means: Can a tenant be terminated for reasons other than default in payment? I. Legal situation According to the legal regulations, a contracting party can terminate the rental relationship with… Read More »

Corona express package – effects on tenancy law

On March 27, 2020, the legislature passed the “Law to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedure Law”. This law also includes regulations that restrict the landlord in his right to terminate the rental payments in arrears. Background : According to the currently valid regulations, leases can be terminated… Read More »