What to do with rental nomads

It can happen to anyone: every year thousands of landlords fall for the machinations of rental nomads. These take advantage of the very tenant-friendly tenancy law in Germany in order to live as long as possible free of charge and leave the apartment often in catastrophic condition.

The landlord is entitled to an extraordinary termination right, if the tenant does not pay or damage the leased property. According to § 543 BGB paragraph 2, the tenancy can be terminated extraordinarily, if the landlord a continuation of the lease under consideration of mutual interests until the expiration of the notice period can not be expected. The legislator gives three examples:

1. The tenant does not pay his rent for two consecutive months or he is in arrears with a not inconsiderable part of the rent (more than one month's rent).

2. The renter does not pay part of the rent for a longer period of time. The total amount must be at least two months' rent.

3. The renter neglects the leased property or endangers it considerably. The landlord has an extraordinary termination right even if punctual and complete rent payment, if the tenant treats the apartment improperly or even destroyed.

In addition, according to § 569 paragraph 2a BGB there is the possibility of extraordinary termination without prior warning, if the tenant with the payment of the deposit is in default. The amount must be at least two months' rent.

In order not to have to pay in advance at least for the forwarding costs, the so-called "Berlin model" can be applied, in which the tenant of the apartment is referenced and the landlord of the possession of all objects located in the apartment is granted. Within one month, the mover can reclaim his movable property and transport it away at his own expense. Then the landlord can sell the things.

The costs of custody, recovery and destruction of the movable property are to be borne as costs of compulsory auction by the former tenant.