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ra-ayazi, Rechtsanwalt
Kategorie: Grundstücksrecht
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Erfahrung:  Rechtsanwalt
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My old tenant informed me with a letter that they were

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My old tenant informed me with a letter that they were leaving the flat. I responded with a letter, however after a few attempts the letters were being returned. On the letter I was asked to contact her daughter if I needed to contact her. I have attempted to contact the daughter over the phone, however I was told she is unable to talk and she has not returned any phone calls.
I went to the building to the find that the mailbox name was removed, which explains why she has not received our letters. I tried texting her and calling the day the lease ended, but never got a response.Am I now legally able to enter the apartment after the lease has ended?
I have sent text very respectfully ***** ***** a termin to collect the keys and for another address for last year nebenkosten and any remaining utilities that come in her name, but not response.My next step is to get a locksmith so I can enter the apartment, however I need to be sure this is legal before I do so.

Dear Client,

Thanks for choosing JustAnswer.

My name is***** and I am a German attorney.

Kindly wait while I work on your query.

Kind regards,

Kianusch Ayazi

Thanks for your patience.

I would like to kindly advise you not to exchange the locks. The tenant has the right of admission in the flat, even if the lease has ended. If you would like to evict the tenant, you will need a respective court order.

Should you nevertheless exchange the locks and enter the apartment without the tenant's consent, you will commit trespass, which is a criminal offence subject to section 123 of the German Criminal Code. Further, the tenant will have the right to occupy the apartment again due to the unlawful eviction.

I recommend that you instruct an attorney to send a letter of demand to the tenant requesting him to vacate the premises and to hand over the keys. Should the tenant fail to do so, your attorney should apply for an eviction order with the competent court.

I hope I was able assist you with the information provided. Kindly click on the rating stars above the rate my advice.

Thank you.

Kunde: hat geantwortet vor 1 Jahr.
Hello Herr Ayazi
I may add that the tenant appears to already have left the apartment. Would the same conditions still apply in this case? I went to deliver and all the name tags were removed and blinds closedThanks for helping with my queryBest Regards

Dear Client,

Thanks for your message.

If the tenant has already abandoned the apartment, the above will not be apply. A tenant who has abandoned the premises is not in possession of the apartment anymore. In this case, you will therefore be allowed to replace the locks and take possession of the apartment.

Kindly click on the rating stars to rate my advice. Thanks.

Could you please click on the rating stars?

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