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What is the process for having a tenant/lessee evicted for breaking the terms of an apartment lease in Germany?

Having a dispute with a tenant or landlord? Rental Law discussion

What is the process for having a tenant/lessee evicted for breaking the terms of an apartment lease in Germany?

Postby han » Sun Nov 20, 2011 11:07 pm

If a lease states the lessee cannot have dogs, cats or other animals in the house without the Lessor’s prior written permission, and the lessee does.
Once informed by email they are in violation of the lease and continue to ignore it, is there any special process for filing an eviction with a court, etc?
I know an Immediate Notice letter can be sent, but not how it should be formatted.
If the lessee objects, what is the next step?
From my own research, I understand it can take almost a year for the legal process to finally get the Lessee removed from the property. Are there any ways to shorten the process?
han
 
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What is the process for having a tenant/lessee evicted for breaking the terms of an apartment lease in Germany?

Postby mohammed47 » Sun Nov 20, 2011 11:21 pm

Well first the landlord needs to write a letter and ask the tenant to end the situation which is violating the contract.

The best would be to have a lawyer write this letter once this letter is written and the tenant does not change his mind you can go to court with a Räumungsklage.

Be aware many Räumungsklagen are lost for example if the woman of the tenant is pregnant to give only one example. The rights of tenants are very well protected in Germany.

I strongly recommend to consult a lawyer and explain as good as you can with all details the situation.

There is no legal way to shorten the time.
mohammed47
 
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What is the process for having a tenant/lessee evicted for breaking the terms of an apartment lease in Germany?

Postby anglesey34 » Sun Nov 20, 2011 11:25 pm

In Germany a renter has lot's of rights, and the landlord very few. It is correct that it can take a long time to evict a renter. A number of years I had a renter in a brandnew 2-bedroom apartment for about 5 years. They ruined a lot of things. When they moved out I kept the deposit, which was much less than the repairs/renovation. My renter went to court and I was ordered to pay the deposit back, but I didn't and nothing happened.
I am originally from Germany but have been living in the U.S. for quite a while.
anglesey34
 
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