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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10733
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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My landlord is trying to evict me in Berlin after 5 years of

Customer Question

My landlord is trying to evict me in Berlin after 5 years of perfect rent payment. I had asked in march if I could end the contract in may but they said July 1. I informed them that I would be travelling for the summer and would have to end the contract next winter instead. Now they are threatening to call the police, take my furniture and personal belongings and sell them if I don't show up for an inspection July 1. I am in USA and can't be there. I have never missed rent or utilities payment or had any complaints in 5 years there.


My questions are

How long does it take for them to get an eviction court order?
How long before court order takes effect?
Can they change the locks?
Can they posess my belongings?
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

thank you so much for using Just Answer.

As you have still a valid contract you still have your tenant' s rights which are quite serious rights and which are partially constitutional rights like Art 13 of our constitution which states the Unverletzlichkeit der Wohnung

With the things your landlord intends to do he is asking for serious trouble with the law as these are criminal offences.

Except in case of emergency , like fire or high water he is not allowed to enter your appartment without your permission

He cannot evict you without a reason, i.e he needs the appartment for himself, or you owe him two months' rent
Even if this were rhe case the court procedures that needs to be done before you get am eviction order and the eviction order itself takes months

He is not allowed to change the locks and not allowed to posses your belongings unless he is keem on spending some time behind bars.


So you can write to him that should you notice any of the things he has threatened you with you are going to call the police as this is


Hausfriedensbruch( unlawful entry)
Nötigung( coercion)
Diebstahl. ( theft)

and a few other things


And you can also go to Civil Court to get an injunction out which alllows you to get your appartment and your things back and sue him for damages



I hope I was able to help


If so please click on a happy face so I get paid for my work

Of course you can always get back here should you have any further questions
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10733
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Claudia

I will surely give you the maximum points and score for your work and make sure you get paid.

The landlord is saying that because I sent a letter asking for termination that I no longer have a contract. But I asked for the termination in may and they tried to make the date July 1.i never agreed to this date in any way either by email or mail. i sent several emails saying that July 1 would not work for me. I also said I would need to get a subletter and they said they would have to approve. At that point they stopped answering my emails and phone calls so I was not able to get approval and got a subletter for June, July and August anyway as I could not afford to pay when not there.

Can he evict me and take my belongings in the belief that I have no contract and say I have an illegal subletter? And if so, Would it still take months to evict me? I just want to keep the apartment until I can get my furniture and work equipment on September 1. Is it possible he can evict me before that?

Thanks for your intelligent and professional response.

I am now paying for this service and giving you 100% points as you were extremely helpful.

Thanks
Glen
Expert:  legal eagle replied 1 year ago.
Dear Customer,


asking for a termination is different from the termination itself, which in your case would not be possible anyway because you wanted the termination for May and specifically asked for the termination in May and it was not granted

In this case one cannot say it automatically extends to July and if you are still paying your rent there should not be any problem.

The subletter is a bit different, for this you should have asked permission

But he would have to grant that permission and it is no reason for terminating the contract

Even if your contract was terminated, which is not the case he still cannot take your belongings , enter the appartment. without permission etc

Before you evict you have to go to court and this takes many months so September simply is not possible



I am glad if I was able to help

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