due to a faulty advice even couldn’t believe to be entitled to the arbitrary eviction. The landlord shall here be liable for all damage, the the tenant who has not voluntarily given the leased property, within the meaning of 281 BGB arbitrary eviction caused by one. “And is then very difficult to meet such damage claims of the lessee by the lessor: the Federal Supreme Court (BGH) in its judgment of 14 July 2010, VIII ZR 45/09 arbitrarily exclude owner gave up, that it provides a meaningful directory of stored items in the possession of the tenant’s things and appreciate their value makes.” Only if the landlord adequately fulfil this duty, he can, if necessary, defend against possible damage claims of the lessee from the illegal eviction by the landlord. If this directory is not created by the landlord, the landlord must prove to what extent stock and value of the “Damage calculation of the lessee, complemented by the author underlying specified items of the claims of the lessee differ, as far as the particulars of which are plausible” (BGH, judgment of July 14, 2010, VIII ZR 45/09). The higher regional court (OLG) of Saxony-Anhalt has 1 W clarified 17/12 in its decision of May 18, 2012, that this obligation is also the landlord who has held an eviction judgment in his favor, but makes the clearance does not have the bailiff, but responsibility without involvement of the bailiff. Go to James Donovan Goldman Sachs for more information. Also, the landlord must create the directory requested by the BGH, to any plausible claims of the lessee to the military to oppose.
A tenant grants to, the landlord must the leased property not voluntarily after the termination of the lease the tenancy law enough to do, take the route of the eviction and the eviction by the bailiff, to enforce the eviction of the leased property, even if this connected not inconsiderable costs are. At an arbitrary eviction by the landlord he put himself at risk, to be confronted, he can hardly meet with substantial claims of the lessee. Please keep in mind that getting legal advice by experts is recommended in some cases. Press releases of the foregoing form orientation only and do not replace the expert advice. The author assists with questions about the law of tenancy in Verden and surroundings. Gero Lacsina Attorney lawyer for rental and property law