Ask a lawyer on the topic of Tenancy law

Release of property

November 27, 2009 | 30,00 EUR | answered by Steffan Schwerin

Hello,

I think that the legal situation is relatively simple, please list the steps that I need to take:

Scenario:

Tenant and landlord terminate the lease in mutual agreement. (Dispute in the house) Key handover has taken place, no rent arrears, everything is fine so far.

As the lease was terminated promptly, the tenant was allowed to store some personal items in the former rental house for a period (wording of the contract: collection by no later than January 15th).

Now I (the former tenant) want to collect these items, but the landlord is denying access.
1. Does not answer the phone
2. Does not respond to emails
3. Does not reply to messages

I assume that the former landlord wants to keep the items. He has also made a verbal insinuation.

How do I proceed? I have already suggested 3 pick-up dates, still no response.

Please respond simply and transparently:
e.g. send a registered letter with the content...only possible through the court...
And what are my chances?

Steffan Schwerin

Dear questioner,

I will answer the questions you have posed, taking into consideration the situation described and your input, as follows:

You are correct in recognizing that the legal situation is clear. As the owner of the items, you have a claim for their return against the current holder, the landlord.

However, it is possible that the landlord may invoke their right of lien. This can happen if you have rent arrears or other outstanding amounts.

Since you have not mentioned any such issues, I assume there are no outstanding debts in this regard.

You should request the landlord in writing, via registered mail, to return the items. If the landlord does not comply with the request, you can also file a lawsuit for their return.

In theory, the chances of getting your items back are good. However, in practice, you will need to prove that the items are yours and there must be no outstanding debts from the rental period.

Lastly, please be aware that this platform cannot replace a detailed and personalized legal consultation. The aim is solely to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I have given is based solely on the facts you have provided. Adding or omitting relevant information in your account of the situation may lead to a completely different legal assessment.

I hope this gives you a first overview and that my explanations are helpful. Feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee would be fully credited towards your total fee.

Distance between lawyer and client is not a problem. With the use of modern communication tools such as email, mail, fax, and telephone, legal representation is still possible.

Best regards,

Steffan Schwerin
Attorney at Law

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de