Auer Witte Thiel: BGH Complicates Enforcement Of Eviction

The Federal Supreme Court complicated the enforcement of eviction of defaulting tenants with a recent judgment. According to the BGH, the enforcement against a subtenant not referred to in the title of the clearance is not permitted. Munich, should not be the enforcement of an eviction itself in November 2008 against other than the persons referred to in the title, if beyond any reasonable doubt, that the main tenant of the creditor is obliged to surrender of the leased sees the Munich law firm Auer Witte Thiel in the judgment for the landlord to give a further difficulty offending rent debtor out of the apartment. The German Federal Supreme Court strengthens with his decision by August 14, 2008 (REF. I ZB 39/08) the rights of living in the apartment, the landlord often especially not known lodger in the context of the enforcement of the eviction. The decision concerns the question, whether execution against one in the title of the eviction the Supreme Court not named lodger is allowed this question answered in the negative, even if the suspicion is that the ownership of the leased property only was granted the third, so the lodger, to thwart the eviction of the main tenant. Auer Witte Thiel sees a significant disadvantage of the interests of landlord defaulting tenants the judgment provides the opportunity to delay an imminent eviction for months without that payments be made.

Because the Supreme Court confirms: A clearance enforcement of the lessor against a subtenant not referred to in the title of the clearance is also inadmissible for the Federal Court of Justice, if the rental agreement between the landlord and the principal tenant is terminated and the subtenant to the publication of the leased property would be required. It is even irrelevant whether doubts as to the credibility of the subtenants are according to the BGH. A bailiff has to examine whether it faithfully and faith not”goes against a lodger refers only to a right of ownership, because he wants to prevent enforcement in conjunction with the evacuation of debtor. Auer Witte Thiel welcomes judge which more strictly evaluate such abuse of tenant rights. So many dishes, including the Hanseatic Higher Regional Court of Hamburg, the superior court and various district courts by way of derogation have decided in recent years by the recent judgment of the Federal Court of Justice.

A lodger, establishing his ownership of the apartment without or against the will of the landlord, cannot rely to the Hanseatic Higher Regional Court (REF. 6 W 49/92) just on such a legal position. Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm. The specialization areas of focus and the development of core competencies in certain areas is indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property management companies for decades in the area rental, real estate and belly and Wohnungseingentumsgemeinschaften the seat of the firm Auer Witte Thiel is in Munich. The seat of the firm Auer Witte Thiel is in Munich.

Author: admin