according to § 885 a ZPO Berlin eviction
With the amendment of tenancy law, the tried-and-tested “Berlin eviction” model was incorporated into the law in Section 885a of the German Code of Civil Procedure (ZPO). Despite years of resistance, our legal opinion finally found its legal basis. The advantage for landlords: Compared to the so-called Prussian eviction, it can be cleared considerably more cost-effectively.
The bailiff arranges for a key service commissioned by him to gain access, asks the tenant to leave the property and puts the owner back in possession of his property. He documents the items left behind by the tenant. This is done by means of photographic documentation.
The bailiff demands an advance payment for locksmiths and photographers.
In some locations in Germany, we can help landlords to reduce costs at this point. The locksmiths we recommend are usually cheaper. Photo documentation can also usually be carried out more cost-effectively by our utilization consultants. It is one of their daily tasks to carry out inventories with photo documentation professionally.
It is important to note that in accordance with Section 885 a ZPO, the property is realized due to default of acceptance. This means that no claims can be made by third parties due to retention of title.
Disposal: According to § 885 a ZPO , obviously worthless items can be disposed of by the landlord. Although it is the bailiff’s task to document the inventory found, he will not make any statement on the value of the inventory for reasons of official liability.
As a leading service provider in the field of lien realization, we have been carrying out landlord lien realizations according to the so-called Berlin model (also known as Berlin eviction) for many years. We help landlords to clear their rented properties — especially in comparison to the traditional process carried out by the bailiff in conjunction with clearance by a forwarding agent commissioned by the bailiff —
