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85-year-old tenant facing eviction after 34 years – A drama in Munich!
An 85-year-old tenant in Munich has to vacate her apartment after 34 years because of security problems caused by her son.
85-year-old tenant facing eviction after 34 years – A drama in Munich!
A dramatic story recently unfolded in Munich, where 85-year-old Eva Sch. after 34 years in her apartment on Stollbergstrasse she had to cancel her rent. As the Evening newspaper reported, the verdict was made on May 23, 2023 in the district court on Pacellistrasse. The reason for the eviction is none other than the behavior of her son, Claudius Sch., who repeatedly left the courtyard door of the house open. This is viewed by the landlord as a serious safety issue.
The landlord, now 73 years old, sued for eviction because his daughter no longer felt safe. She is said to be afraid of having to enter the building with pepper spray because there are reports of homeless people sleeping in the hallway. Claudius Sch. argues, however, that the door was often only ajar and emphasizes the untenability of the allegations. But the court had a different opinion: Judge Prantl decided that Claudius Sch. did not sufficiently dispute the fact that the door was left open and that the safety of the tenants had priority.
Legal circumstances
The landlord's measures are difficult under German tenancy law, but not impossible. According to the provisions of the Civil Code (§ 573 BGB), the landlord must prove a significant breach of duty in order to enforce termination. This could be due to the repeated security problems due to the behavior of Claudius Sch. happen, even if he denies the allegations and denounces precarity in the neighborhood.
The Tenant angel explains that the landlord bears the burden of proof and the tenant has the right to object in the event of termination. The judgment also points out that Claudius Sch. and his mother have already filed an appeal to fight the decision. The ruling itself highlights a fundamental question: How do we ensure the safety of all residents in a rental property?
The human drama
Eva Sch. found himself in a particularly difficult situation after a hospital stay that lasted from July 2024 to February 2025. Her son, who is caring for the seriously ill mother, had not informed her about the pending legal problems. This reflects the sudden insecurity and fear that Eva Sch. has been haunting her ever since - she can hardly sleep and her quality of life is severely affected.
The serious consequences for the tenant, who has lived in her apartment for more than three decades, highlight the challenges faced by many tenants in similar situations. A proper termination by the landlord requires significant breaches of duty, but here too there are exceptions and serious reasons that can motivate a landlord to take such drastic measures. This is also complemented by other examples in tenancy law, such as examples of breaches of duty that can justify termination, such as noise, unauthorized structural changes or even commercial use. Tenancy Law.de also states that a landlord must always have a legitimate interest in order to give notice of termination.
Eva and Claudius Sch. must now prepare for a complex legal process as the search for a new apartment becomes a stressful reality. Such stories are more than just legal sideshows - they are a reflection of a completely normal life that can quickly get out of hand.