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Apartment clearance without termination notice

Dear Sir or Madam,

Some time ago, I was in substitute imprisonment for seven weeks. When I was released, I found out that the housing association had opened my apartment, changed the lock, and disposed of my belongings. There was a note on the door saying "Apartment secured."

I am currently living on ALG2, and during my imprisonment, the Jobcenter did not continue paying the rent, so there were 2 months' rent outstanding. However, this was immediately settled upon my release! My mail from that time had disappeared, and I did not get the keys back. In hindsight, I learned the following: new windows were supposed to be installed in my apartment during that time. The decision to open the apartment was based on rumors in my neighborhood (that I was on the run, that I had already moved to another apartment, etc.) which definitely do not correspond to the truth, as a simple registration office query would have confirmed.

At the time of the opening, neither a police officer, bailiff, nor any other public official was present, nor was a protocol created indicating which items were in the apartment.

The key to my apartment was held by an acquaintance from the same neighborhood, and the property manager definitely knew that I was close to this person, so I thought she would be the first point of contact. However, this did not happen either. I never received a termination notice, not even afterwards.

The response I get from the property management when I address the entire situation is very simple: "Just sue if you want to." Of course, this is not quite easy for me, as I only receive ALG2, and I suspect that the landlords are aware of this.

My question is, how should I proceed now? My belongings were disposed of (with a threat to make me pay for it!), and I am not getting the apartment keys back. Is the property management actually right, as they claim?

I thank you in advance for your response.

Yours sincerely,

Andreas Scholz

Dear questioner,

The eviction of the apartment was only possible legally due to an eviction order. The eviction is generally carried out by the bailiff, § 885 ZPO. The bailiff would be authorized to open the apartment to carry out the eviction and to seek police assistance, § 758 (2), (3) ZPO. The bailiff would also not be authorized to simply dispose of your belongings, but they would initially be stored for collection.

The eviction of the apartment without notice and the disposal of your belongings is indeed a very remarkable procedure, which entitles you - according to your information - to claim damages.

You should definitely seek legal help in any case. Initially, it is advisable to seek legal advice under the Legal Advice Act. To do this, you should contact the local district court at the registry office and apply for legal advice there. You can obtain the necessary application form there, on the Internet, or on my website www.rechtsanwaltskanzlei-scholz.de. If legal advice is granted, you can consult a lawyer of your choice - free of charge for you - to discuss the further legal steps.

If the advice indicates that taking legal action against your landlord's practices is likely to succeed, you can apply for legal aid. If legal aid is granted to you due to your weak financial situation, you will not have to pay court costs or your lawyer's fees if you lose the case. If you win the case, you will not have to pay any costs.

I hope this helps further. If you have any questions, please feel free to ask.

Best regards,

Andreas Scholz, Attorney at Law

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Andreas Scholz