It can happen faster than initially thought. A job change or loss or even high insurance back payments can result in a tenant not being able to pay their rent for a month or even several months in a row and thus falling into rent arrears. In this case, can a landlord seize directly?
The answer to that is yes. According to Section 562 of the Civil Code, a landlord may always seize the tenant’s items if the tenant fails to meet payment obligations. Loss of rent, claims for damages due to a damaged rental property, compensation for use and claims for failure to report defects can also be reasons for a seizure, according to FinanceScout24.
However, if the landlord wants to exercise his right to seize property, he cannot simply go into the rented apartment and take the tenant’s items with him if the tenant does not agree to this. The landlord must apply for a title at the local court. A bailiff can then officially enter the apartment, put a seal on the tenant’s property that is suitable for seizure and later auction it off publicly. If more money is raised at the auction than needed, the difference will be paid out to the tenant.
What can landlords seize and what not?
However, in the event of a seizure, tenants do not have to worry about their wedding ring or essential items such as clothing being seized. First of all, the landlord can only seize what really belongs to the tenant and what was brought into the apartment by the tenant. This excludes borrowed or leased items or the property of the partner who lives in the apartment but is not named in the contract. In addition, items belonging to roommates or subtenants, the car, and other items located outside the rental property cannot be seized. Finally, the bailiff is not allowed to seize any items that are essential to life. These include the washing machine, cutlery, clothing or the refrigerator. This also applies to property that is needed for work, such as a laptop for the home office or work clothes.
Ultimately, what can be seized is whatever else is left in the apartment. This includes cash, furniture, the piano or other possible items. Another exception are wedding rings or items with non-material value. Although these are not essential, they have great personal value for the tenant.
The tenant is not allowed to remove the items to be seized from the apartment
If a seizure has been established, the tenant is committing a criminal offense if he removes the items to be seized from the apartment. This is also called deposit sweeping. Even if the tenant moves out, he or she must leave the items to be seized in the apartment. This applies from the moment the landlord makes use of his seizure claims and notifies them, says Advocard.
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