By Danilo Gladow
First eviction with hammer and crowbar, now the next round in court. In the long-standing dispute over Habersaathstraße 40-48 in Berlin-Mitte, the owner has now suffered a defeat: the complex cannot be vacated for the time being.
A week ago, employees of a security company on behalf of Arcadia Estates GmbH tried to force the remaining eight tenants and former homeless people out of the house. They are said to have replaced locks, ripped out windows and destroyed sinks.
On Thursday, the eviction action against long-term tenant Dr. E. Knop negotiates, who refuses to leave his apartment. The real estate company (bought the apartment block in 2017) wants to demolish the complex and replace it with a new building with 93 apartments, has given notice to the residents.
Reason: A further management in the current state of the property is a negative business, the tenant’s apartment is not the center of his life and is empty.
Owner rent dispute Habersaathstrasse process in the District Court of Mitte Photo: Sven Meissner
Judge Paula Oberndorfer was not enough: “Even if that were the case, a tenant can use his apartment as he likes.” And further: “An apartment is not a share package.” knew the condition of the house. The company did not show that there was no other economic alternative than demolition.
Lawyer Cornelius Kraków represented the sued tenant, said to the plaintiff: “I think you made a gamble” Photo: Sven Meissner
“We expected this verdict, congratulate the entire household and expect the written justification to provide a blueprint for the other pending eviction proceedings in Habersaathstrasse and beyond throughout the city,” says Sebastian Bartels, Managing Director of the Berlin Tenants’ Association.
Bartels is optimistic about the upcoming proceedings: “We expect the tenants to have good chances even if the plaintiff appeals to the Berlin Regional Court.”