Eviction

The eviction, in Switzerland, eviction, eviction in Austria, an apartment or a plot of land is a taking place in the context of the eviction and the eviction process measure of foreclosure.

Is forced Vacated an object evicted or evicted a subject; the English term for this eviction is Latin for even the re-entry of the owner ( creditor ) in his original rights.

For the clearance principle requires a clearance title ( eviction, eviction notarial obligation, enforceable execution of the award decision at a foreclosure sale ). This must be especially on all the inhabitants in general. In some circumstances it must also call the adult, economically independent children. Otherwise, the clearance is not permitted. At most, in cases where the tenant or former owner has his ownership of the apartment apparently abandoned by extension, the owner may arbitrarily invade the apartment. Otherwise, he faces a claim for damages of the tenant or former owner. In a further judgment of the LG Duisburg own power was confirmed by part with possession of the part of the tenant. In such cases, it is allowed.

As permitted with possession cases can be assumed to be protected as a constitutional norm because of the special protection of property. There are exceptions, therefore, in the tenancy, if the acquisition of the property - for example, by cancellation or termination of the lease - is not achieved due to lack of surrender. In such a case, usually a title is to apply, since due to settled case the bailiff the owner in possession of his property must (such as a house) move again. If, however - for instance by overloading - the possession Back obtain at least considerably more difficult and / or the tenant has seen abandoned the possession of the apartment, the landlord can leave the apartment vacate due to good faith without authorization when he has previously set a final deadline and the tenant by reveals inaction, to be disinterested in the final possession. In a judgment of the District Court of Duisburg on 28 February 2012, clarified that the landlord is entitled especially after previous deadline and for a longer time by the tenant to the request of the landlord has not complied with the opening of the living space. If the tenant does not address, for example, leaves the apartment, leaving neglected, according to § 229 BGB in conjunction with § 858 para 1 BGB allowed within the meaning of good faith, a disposal or unauthorized securing the Habes. Through the tenancy reform also this is regarded as controversial, since, according to § 885a ZPO an intercalation of things is not necessarily required by the landlord.

The eviction is effected by a bailiff at the request of a creditor if the debtor the apartment or the land does not grant voluntary. If necessary, the bailiff while applying direct obligation, eg to break locks and replace or reset the debtor by force out of the apartment.

The considerable costs of forced eviction - the bailiff fees, costs for a trucking company for the purpose of transport or disposal of furniture, possibly attorney fees - are first to be paid by the creditor, but ultimately fall on the debtor to the load. Basically, it is up to the debtor, in good time to seek a replacement dwelling. If necessary, he shall be classified by the city or municipality in a homeless shelter. Raises the eviction in a particular individual case as immoral is, the debtor may request, pursuant to § 765a ZPO enforcement protection. Responsible for this request, the district court is as enforcement court, there is decided by the judicial officer.

Injunction

Before the Tenancy Reform strict standards existed on the requirements for a preliminary injunction, except in cases of life and limb there was no basis for Housing Tenancy. Following the reform of § 940a ZPO has been recast so that the living room in case of default even without an injunction hearing was possible. In commercial leases, there is the injunction for some time, it is applied here in the case of § 546 BGB, it is codified in § 935 ZPO very general.

The restrictions before the reform were in accordance with § 940a ZPO not commercial, where there are also other reasons for applying an injunction, such as economic hardship of the landlord or other extraordinary hardship.