District Court of Hanover, 06.11.2013, Case No.: 502 C 7971/13
The rental of residential property is known to carry certain risks for landlords. One particular risk is posed by so-called „rent nomads,“ individuals who move from one apartment to another, leaving behind significant rental arrears and often a damaged apartment.
For small private landlords who rent out only one or two properties, such situations can quickly become a threat to their livelihood, especially if they rely on the rental income.
In such cases, it may be tempting for landlords to take matters into their own hands and clear out the rented property or parts of it themselves, especially when the tenant is not present. However, such actions are strongly discouraged.
Unauthorized repossession of an apartment and clearing it out without a court order constitutes unlawful self-help according to § 858 para. 1 of the German Civil Code (BGB) and is considered illegal self-help under § 229 BGB.
Therefore, if a landlord takes matters into their own hands, they may be liable not only for fault-based damages under §§ 280 para. 1, 823 para. 1 and 2 BGB, but also without fault under § 231 BGB.
In the case heard by the District Court of Hanover, the defendant landlord cleared out the cellar of the plaintiff tenant, who subsequently filed a claim for damages.
Source: District Court of Hanover
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