Pledge of rights of the landlord and lessor
Used in a targeted manner, statutory pledges of rights offer the real estate industry a quick, cost-efficient and legally secure solution:
- in the event of the tenant’s death,
- for non-performing rental agreements,
- for the short-term clearance of blocked rental properties,
- for the effective realization of receivables.
Our comprehensive market expertise and our extensive network of national and international buyers ensure optimum realization proceeds — far in excess of what is usually achieved by bailiffs or insolvency administrators.
Insolvency and liquidation: creditors’ rights
Insolvency administrators often urge landlords or lessors to include pledged items in the liquidation of assets — often via their own liquidation companies. In doing so, they are obliged to inform the creditor in accordance with
While publicly appointed auctioneers are obliged to make the best possible sale, insolvency administrators can sell by private treaty and in a non-transparent manner — often to the detriment of creditors.
For liability reasons, managing directors are obliged to avert economic damage to the company and to secure the most financially advantageous solution. They may not accept private purchase offers at unreasonably low prices.
We carry out:
pursuant to § 562 Landlord’s lien
Tenant does not vacate?
Are you at the end of your tether because your properties are blocked due to the tenant’s inability to pay, death or insolvency? As a commercial landlord, are you wondering why, in the event of insolvency, a large proportion of your rental claims are used up by the expensive proceedings?
We enable simple solutions for the real estate industry
legally compliant and cost-effective
on the basis of § 562 BGB, in the case of rent debtors, in the event of insolvency and in the event of the death of tenants.
For many years, we have been conducting public landlord lien auctions according to the so-called “Berlin model”. We provide a legally secure alternative to expensive evictions by bailiffs and their appointed agents.
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 has now found its legal basis.
Your advantages
- We enable prompt and considerably more cost-effective clearance than the usual bailiff-commissioned forwarding agency
- On request, we can conduct the auction in the rental property
- Our fees are almost exclusively based on the premium that we receive from the buyer. In this way, you avoid the bailiff’s fees.
- In the case of commercial tenancies, not all is lost even in the event of insolvency. We know how to achieve the best possible realization result for you vis-à-vis the insolvency administrator.
pursuant to § 592 lessor’s lien
Lease debtor does not vacate?
Are you at the end of your tether because your properties are blocked due to the tenant’s inability to pay, death or insolvency? As a commercial landlord, are you wondering why, in the event of insolvency, a large proportion of your rent claims are used up by the expensive proceedings?
We enable simple solutions for the real estate industry:
legally compliant and cost-effective
on the basis of § 592 BGB, for tenants, in the event of insolvency and in the event of the death of tenants
For many years, we have been carrying out public landlord and tenant lien auctions in accordance with the so-called “Berlin eviction”. We provide a legally secure alternative to expensive evictions by bailiffs and their appointed forwarding agents.
Your advantages
- We enable prompt and considerably more cost-effective clearance than the forwarding agency usually commissioned by the bailiffs
- On request, we can conduct the auction at the leased property
- Our remuneration is based on the premium we receive from the buyer.
- In the case of commercial tenancies, not all is lost even in the event of insolvency. We know how to achieve an optimal realization result for you vis-à-vis the insolvency administrator.
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 —
