By Sara Orlos Fernandes
It is just one of many cases in which tenants are evicted due to personal use lawsuits. And as is often the case, there is much more to this family’s fate than just the loss of an apartment.
In March 2022, the Schneider family from Potsdam-Eiche received the shocking news: after three and a half years, the landlord gave them notice of their 4.5-room apartment (116 square meters). The family defended itself and sued. But in October 2022, the Potsdam District Court decided: the termination for personal use is legal. They moved out in February.
“We were almost homeless. I can’t describe what it felt like for me as a father,” says Pierre Schneider (45). The family couldn’t find affordable housing in Potsdam and had to move to Neuseddin (Potsdam-Mittelmark), 20 kilometers away. The daughters Amelie (6) and Leia (5) lost their friends and had to change daycare and school. The move was also a strain for one-year-old Bruno.
“Angry that something like that is just possible”
The family had suspected that the landlord would not use the apartment himself. In August, six months after moving out, the confirmation: They discovered their old apartment in an advertisement on the Internet.
Instead of the previous rent of 1020 euros/warm, it was now offered for 1850 euros/warm (1450 euros/cold). “It makes you angry that something like this is simply possible,” says Pierre Schneider.
This is how the apartment was advertised in an advertisement: The rent (previously 1020 euros/warm) rose significantly Photo: kleinanzeigen.de
According to the Berlin Tenant Protection Association, such cases have been increasing recently. If the landlord (or a close relative) does not use the apartment himself after a personal use lawsuit, this is illegal. Christoph Albrecht (55), lawyer and spokesman for the Tenants Protection Association: “The landlord has to convince the court that he is moving into the apartment himself.” If the court does not believe him, it can declare the termination for personal use as unlawful.
What can tenants do?
If tenants have moved out due to their own needs, there is an option to file a lawsuit – the so-called claim for reimbursement of expenses. Lawyer Albrecht: “If the tenant has to move out and pays more for the new apartment, he can demand the difference from the old landlord.” Depending on the legal ruling, this is possible for three, four or even ten years.
But in the current trial before the Potsdam District Court, the Schneider family is initially suing against the demand for usage fees: their former landlord wants exactly 5,644 euros for the period from March to June 2023 because the apartment was handed over in poor condition (including mold, loose wallpaper). be.
This fitted kitchen also belongs to the rental apartment Photo: kleinanzeigen.de
According to Pierre Schneider, the landlord had been aware of the damage since 2021. At that time there was water damage in the house. The landlord never bothered to repair the damage. The court plans to announce its decision in this legal dispute on November 23rd. The landlord has not yet responded to a BZ request.