termination without notice / eviction of the apartment
August 22, 2009 | 20,00 EUR | answered by Andreas Scholz
Hello,
I have the following problem. I have a tenant who receives Hartz4 benefits. The rent has been paid directly by the ARGE so far. However, I have not received any payment for the past 2 months (June/July). Upon inquiry with the ARGE, I was informed that he did not reapply for Hartz4 benefits. I have sent him 2 reminders by registered mail with return receipt. Both were returned to me unclaimed (I have kept the sealed letters). In addition, I have put the reminders in his mailbox and rang the doorbell multiple times. He is neither reachable by phone nor in person.
Now the rent for the 3rd month is overdue in August and I want to terminate the tenancy without notice. My questions are therefore:
1. Are the reminders valid even though he did not receive the registered mail?
2. Can I have the apartment emptied myself (I have a key) or does the police or a bailiff need to be present?
3. How should I proceed to terminate the tenancy and, most importantly, to have the apartment emptied?
Thank you!
Dear inquirer,
According to your description, there is a reason for termination according to § 569 Abs. 3 No. 1 BGB.
The immediate termination would therefore be permissible. No reminder is required if the payment deadlines are contractually specified. In this case, default occurs without a reminder if payment is not made by the specified deadlines. The termination letter must be in writing and should include instructions according to § 568 BGB. Personally deliver the termination letter to the mailbox, preferably with a witness. I would advise against sending it by registered mail if it is foreseeable that it will not be collected by the post office.
Eviction without an eviction order is legally impermissible. Eviction can only take place through enforcement based on a court eviction order. It is advisable to assert the eviction claim along with a claim for payment of the overdue rent.
The court will summon the tenant. If the tenant does not appear, a default judgment will be issued, which is enforceable. The eviction itself will then be carried out by the bailiff, possibly with the assistance of the police and a removal company. These costs would need to be paid in advance by you.
I hope this information has been helpful. If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
