Eviction

Eviction refers to the state-ordered and bailiff-enforced surrender of a property after a tenant or other occupant has failed to vacate it voluntarily despite a final notice of termination and an eviction order. It is the last resort for enforcement in a tenancy agreement and requires an enforceable eviction order. For landlords, it involves considerable effort, costs, and time loss; for affected tenants, it is one of the most drastic measures under housing law.

The Path to Eviction: From Notice to Order

Eviction requires a multi-step process: First, a valid notice of termination must be issued-either ordinary (with the statutory notice period) or extraordinary (e.g., due to late payment under § 543 BGB). If the tenant does not vacate the apartment after the notice period expires, the landlord must file an eviction suit with the competent local court. Once the judgment becomes final-provided the tenant does not pay on time or move out-the landlord may apply to the bailiff for enforcement. The bailiff sets a date for eviction, notifies the tenant of this date, and, if necessary, carries out the eviction.

Extraordinary termination due to late payment (Section 543(2)(3) of the German Civil Code (BGB)) applies if the tenant is in arrears on two consecutive months’ rent or an amount exceeding one month’s rent. Important: If the tenant pays the entire arrears within two months after the eviction lawsuit becomes pending, the extraordinary termination becomes invalid-a so-called grace period payment privilege (Section 569(3)(2) BGB). However, the ordinary termination generally remains in effect. Landlords should therefore always issue an ordinary termination in the event of payment problems to avoid having to start completely from scratch if the tenant makes a back payment.

The Berlin Model and Other Variants

The so-called Berlin Model (eviction into “seizure”) is a more cost-effective alternative to full eviction: The bailiff enforces the order only with respect to the tenant’s person, not the belongings-these are included in the seizure. The landlord saves on expensive eviction and storage costs. However, the household goods initially remain in the apartment. The landlord must then liquidate the household goods themselves as a secured creditor-a time-consuming process that in turn requires specialized knowledge or legal representation.

Regular eviction with complete removal of the contents is more expensive but quickly clears the air: The apartment is empty after the scheduled date and can be re-rented immediately. In practice, the costs-and the question of whether the tenant’s household goods still have any value at all-determine which option makes more sense.

A third option is handing over the keys in exchange for payment: The landlord offers the tenant a settlement payment (moving allowance) if the tenant moves out voluntarily and quickly. This may sound counterintuitive at first-but when factoring in lost rent and legal costs, one often concludes that a quick voluntary handover is cheaper than years of litigation.

Costs and Risks for Landlords

The costs of an eviction are substantial: attorney fees, court fees, bailiff fees, and the costs of storing the tenant’s household goods can add up to several thousand euros. On top of that, there are lost rent payments during the lengthy proceedings (six to twelve months or longer are not uncommon). Storage costs alone can quickly amount to 2,000-5,000 euros for larger households.

Landlords can demand reimbursement of these costs from the tenant-but in practice, they are often unrecoverable if the tenant is insolvent. Landlords should therefore carefully vet new tenants and request a credit report, proof of income, and the last three pay stubs before signing the first lease. Obtaining the previous landlord’s certificate of no outstanding rent debt early on can also provide valuable insight.

Rent loss insurance (also known as rental legal protection insurance or landlord legal protection with a rent loss component) can help offset some of the losses-it covers attorney and court costs, as well as rent losses in some cases. Those who rent out multiple properties should assess whether such insurance makes financial sense.

Special Cases: Social Services and Homelessness

An eviction that leads to homelessness is automatically monitored by the relevant public order authority. In cases of imminent homelessness, social services or the public order authority may intervene in the tenancy-for example, by covering rent arrears or placing the tenant in public housing. For landlords, this may mean that the authority covers (part of) the outstanding rent to delay the eviction. Landlords should be aware of this dynamic and discuss it with their attorney on a case-by-case basis.

Practical Tip for Property Owners in Nuremberg and Franconia

Landlords in Nuremberg should be aware that while the competent Nuremberg Local Court works efficiently in eviction cases, the entire process can still take a year or longer. We recommend seeking legal counsel immediately at the first signs of late payments or breaches of contract and not wasting time on informal attempts at resolution.

Often, an amicable resolution through an eviction settlement in court can be achieved more quickly and cost-effectively than a full eviction. In Nuremberg, there are specialized attorneys for tenancy law who can assist with both prevention (drafting contracts) and enforcement (eviction lawsuits). Upon request, we can provide suitable contacts in the region.

Frequently Asked Questions

How long does an eviction actually take?

In Germany, it takes an average of 6-18 months from the effective notice of termination to the actual eviction-depending on court caseloads, the filing of appeals, and the complexity of the case. In metropolitan areas like Nuremberg, it can take longer. Those who have had experience with a specific court in the past often have a better sense of what waiting times are realistic.

Is the landlord required to store the tenant’s household goods?

Yes. The landlord may not simply dispose of the tenant’s belongings. They must be stored for a reasonable period of time; the landlord may claim the costs from the tenant. After a reasonable period has elapsed and a request for return has been unsuccessful, the items may be auctioned off or disposed of (in the case of obviously worthless household goods). The procedure should be coordinated with a lawyer to avoid incurring liability.

What is an eviction settlement, and is it worth it?

An eviction settlement is a judicial or out-of-court agreement in which the tenant commits to moving out by a specific date-and the landlord, in return, waives part of the rent claim or pays for moving assistance, for example. It is enforceable like a court judgment and often saves considerable time and costs. In many cases, it is the most economically sensible solution-especially when the prospects of collecting the debt are slim anyway.

Can the bailiff refuse or postpone the eviction?

Yes, in exceptional cases. If a medical certificate is presented on the day of eviction stating that immediate eviction poses a life-threatening risk to the tenant’s health, the bailiff may suspend enforcement and refer the matter to the court. Even a last-minute attempt to avert eviction by paying the full amount of arrears shortly before the scheduled date can stop the eviction-provided no enforceable judgment has yet been issued. This possibility should not tempt the landlord to give up too soon: Most such attempts to avert eviction fail, and the eviction is only postponed, not prevented.

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