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Az I ZB 45/05 BGH lien

Supreme Court ruling in our country very high costs of evacuation decreases by the bailiff.

The Supreme Court ruling Az I ZB 45/05, it is possible for the landlord, in all of the objects in the apartment of the debtor are to make a lien against the defaulting tenant claims.

Yes, it is not always plasma TV or expensive computer equipment and kitchens. With the right Mietnomaden it is usually only one mountain pass garbage and rubbish removed.

In our beautiful country but it is between EUR 8.000, - and EUR 15.000, - cost, to clear a house by the bailiff and the goods and chattels of defaulting tenant for the period up to 2 months for household goods and personal effects at longer such as deeds, documents and other correspondence.

Applying this ruling to the landlord that he take over the seized items and the apartment also.

The Court::

The creditor may limit the enforcement in accordance with § 885 ZPO to surrender the apartment if he at all in the rooms be-sensitive objects, a right of lien claims. Although in this case, the dispute between the parties to the enforcement procedure under § 885 ZPO as to if all movable property shall be the obligor covered by the lien, the court did not make an evacuation of the apartment according to § 885 paragraphs 2 to 4 Code of Civil Procedure.

§ 885 ZPO regulates the release of land or ships. 8 ZPO enforcement

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AZ 6 T 312/05 LG Bonn

also already ruled in 2005 the district court of Bonn as to inform that his new landlord or a tenant prior to signing the tenancy agreement about the fact that the other apartment because Rent arrears was terminated and she runs against an insolvency procedure. inform

They say that the tenant the landlord "unsolicited" by his economic situation must.

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Mietnomade convicted of fraud VIII ZR 216/04 BGH Az

AG Tiergarten, 22.06.2005, application No: (260 Ds) 61 Js 1479/05 (326/05)).

The district court ordered the Berlin-Tiergarten Mietnomadin for fraud to a prison sentence of six months on probation.

history :

The landlord had, to prevent rent arrears and as a preventive measure, the meantime, controversial reissue of "back rent-free certificate. The tenant in spee had it already made an untruthful statement, thus surreptitiously obtained the lease. The rent could be raised by the tenant at any time. But that is entering into fraud.

pity that there is only one punishment was probation. because the tenant had been kept secret even from the previous lease substantial debt and that the landlord of the new apartment.

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"The (... ) Eighth Civil Division of the Federal Court has ruled that the rental of housing arrears can make rent in the charter process that, even if the tenant pleads defects in the apartment. "

So the guiding principle. But what lies behind it?

can in summary proceedings any creditor of a money debt apply for an interim title. (§ 592 sentence 1 ZPO), this quite the landlord is now also, even if the tenant gives to the rental deficiencies and therefore shortened the rent. (§ 536 para 1 BGB).

If the title is confirmed, the tenant of defects in the apartment of course has still entitled to remove the defects. The rent reduction he can prevail in all subsequent proceedings in civil actions authorized evidence.

AG Jever 5 C 888/03. /. LG Oldenburg 10 S 209/04