Eviction lawsuit
April 12, 2011 | 50,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Tomorrow morning at eight, the eviction is scheduled for me. I moved into my deceased mother's apartment, and recently my girlfriend and her daughter moved in with me. Since then, we have been looking for a larger apartment because this one only has two rooms, and she is only registered here but not listed on the lease. What can we do now?
Dear inquirer,
Thank you for your inquiry. I would like to answer it as follows:
The problem is that the eviction date is tomorrow already.
An application for general eviction protection at the competent enforcement court has only a very rare chance of success, namely in cases where there is a severe hardship.
This would be the case especially if a resident of this apartment faces significant health damages (due to a serious pre-existing condition) as a result of the eviction.
For such an application to have a chance of success, it would need to be supported by a corresponding medical certificate.
Unfortunately, based on your description, I cannot see the necessary conditions for this.
I can only see a (small) possibility of submitting an application for an extension of the eviction deadline (by fax) to the relevant court today and informing the bailiff that such an application has been made, asking them to wait for the decision.
However, if the decision is not made before 8 am tomorrow, which is unfortunately very likely, you do not have a right to prevent the eviction. In this case, the only option is to kindly speak to the bailiff and request a few days' extension.
I hope to have provided you with some initial legal guidance and wish you success and all the best!
I would like to conclude by pointing out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive review of the facts. Adding or omitting relevant information can result in a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me through the follow-up option.
Wishing you a pleasant Tuesday afternoon.
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
