Eviction
April 25, 2012 | 30,00 EUR | answered by Jan Wilking
Hello, we have a problem. We bought a house in November 2011 but have since rescinded the purchase contract. However, we signed in the notary contract that we would move out by 30.04.2012. It states that we submit to immediate enforcement. We have found a new place and would have moved out by 30.04.2012, but unfortunately there was a water pipe break and it is being dried out by a construction company, so we cannot have electricity, etc. connected. Therefore, we can only move in by 15.05.2012. The 15.05.2012 is set and we will leave here. However, the lawyer of the other party tells us that he will have us evicted on 30.04. or 01.05.2012. Is it really that easy for the bailiff to evict us like that?
Dear inquirer,
I would like to answer your inquiry taking into account the facts you have provided and your efforts as follows:
An eviction lawsuit is actually not necessary. Sufficient for this is a enforceable copy of the notarial deed due to the submission to immediate enforcement according to § 794 para. 1 No. 5 ZPO.
Forced eviction is permissible upon default. Default may exist even without a reminder if the debtor's performance is calendar-based (§ 286 para. 2 No. 1 BGB). This is likely the case due to the fixed handover date.
The provisions and principles regarding eviction protection only apply to residential tenancies. As the seller of the property, you cannot invoke this. Your only option is enforcement protection according to § 765a ZPO, for which grossly inequitable hardship is a prerequisite (e.g. serious, particularly life-threatening illness, age-related infirmity, severe mental illness, danger to life and health). Otherwise, you still have the option to report impending homelessness to the municipality and possibly obtain a two-week extension in your current residence.
However, since there is only a delay of two weeks, you should immediately contact your lawyer and explain the situation. Since the buyer must advance the costs for forced eviction, there is also a cost risk for him if he cannot recover the money from you afterwards. I am confident that the other party will be willing to negotiate and grant you this two-week extension (possibly against compensation).
I hope this has provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that within the scope of initial consultation and without knowledge of all circumstances, I cannot give you a definitive advice. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them upon inspection of all documents.
Best regards
