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 if one takes place.
However, it is advisable not to initiate an eviction action without legal support. Even if eviction actions based on a termination due to payment arrears are essentially manageable facts, the devil is often in the details in such cases too, and you have to question, for example:
- Have I sued the right opponent (e.g. also the adult roommate, even if this is not in the rental agreement or the spouse who is in the rental agreement but has already moved out)?
- Is my termination actually effective, is it based on the statutory requirements (for example, termination is justified if the rent is outstanding for 2 months. However, this does not necessarily apply if the accrued payment arrears relate to outstanding additional charges)?
- Did I describe the rental property precisely (the greatest care is required when formulating the application; valuable time and money are lost if the bailiff wants to vacate the apartment but the apartment is not precisely described in the judgment. In the worst case, it breaks the bailiff from the eviction)?
By the way, going to court is not an everyday occurrence, you are not familiar with the processes and there can always be unexpected surprises
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