The restrictions imposed on public life as part of the Corona crisis are also having an impact on the real estate sector. A number of rulings have already been handed down in the field of tenancy and real estate law, such as in connection with the eviction period in residential tenancy cases (AZ 67 S 16/20).
A tenant sentenced to eviction applied to the court for a three-month extension of the deadline until June 30, 2020. In a previous judgment dated December 11, 2019 (AZ 123 C 61/19), he was ordered by the Berlin Local Court to evict the tenant by March 31, 2020. Since it is not possible for him, due to the Corona crisis proclaimed restrictions to rent new living space, he asked for an extension of the deadline in the eviction case. Civil Chamber 67 of the Berlin Local Court granted the tenant's request in its ruling of March 26, 2020.
In addition to the restrictions in public life and the related complications in the search for replacement housing, after reviewing the facts, the eviction deadline of March 31, 2020, pursuant to Section 721 (3) Sentence 1 Alt. 1 of the Code of Civil Procedure (ZPO) was not long enough anyway. In addition, according to a court decision, court-ordered eviction deadlines are generally to be extended or prolonged until June 30 due to the current situation pursuant to Section 721 of the German Code of Civil Procedure (ZPO). However, if there is danger to life or limb or if there are equivalent interests of the landlord or third parties that require immediate eviction of the rented property, the eviction debtor would have to be evicted without an extension of the deadline. These conditions are not met here.
Source: LG Berlin
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