Can you tell me what Berlin tenancy law Section 794 subsection 5 says? I have a flat in Berlin and my lawyer has just told me that under german law a notarized termination of a tenancy agreement with a statement of judgement clause wilol no longer be recognised by the courts if it refers to a unti which is solely used for residential purposes. Does this mean I cannot get my tenants out at all? Thankyou for help.
System of Law: EU
this is my first port of call for help. My Bwerlin lawyer does not seem to be on my side....!
Dear Custpmer,thank you for using Just Answer.May I correct you:This is not Berlin tenancy law but German execution law.It goes as follows:Aus Urkunden, die von einem deutschen Gericht oder von einem deutschen Notar innerhalb der Grenzen seiner Amtsbefugnisse in der vorgeschriebenen Form aufgenommen sind, sofern die Urkunde über einen Anspruch errichtet ist, der einer vergleichsweisen Regelung zugänglich, nicht auf Abgabe einer Willenserklärung gerichtet ist und nicht den Bestand eines Mietverhältnisses über Wohnraum betrifft, und der Schuldner sich in der Urkunde wegen des zu bezeichnenden Anspruchs der sofortigen Zwangsvollstreckung unterworfen hat;It means if you have a notarized agreement that the tenant has to move out it cannot be executedYour tenants either agree to move out or you have to go to court and file a motion that they agreed to move out.If you get a court decision that they have tp move out you can execute that.I hope I was able to helpIf so please give me feedback so I get credit for my workThank you
More than 18 years of experience in practicing law
My computer collapsed before I could respond to you - thank you for your helpful answer. Doers it apply as this is our only German residence and we want to retire there now. Our tenant was given notice in January and doesn't want to leave until end December. He says he will give us a letter confirming that he will leave in December. Our lawyer said we should get a notarised letter committing him to leave then and that the court would immediately demand that he leave. Now he says that no longer applies. What happens if the tenant says in December that he doesn't want to leave? I will greatly appreciate your response.
Dear Customer,your second question is answered in the other thread Thanks
Dear Customer,I hope I have helped and that you were satisfied with the help I provided.I wish you good luck with your tenant and I `ll always be glad to further assist you in the future with any legal questions you might haveThank youBestC. Schieslattorney-at-law
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