85-year-old tenant after 34 years before evacuation-a drama in Munich!

85-year-old tenant after 34 years before evacuation-a drama in Munich!

Stollbergstraße, 80333 München, Deutschland - A dramatic story recently developed in Munich, where 85-year-old Eva Sch. After 34 years in her apartment on Stollbergstrasse, the rental notice had to be announced. As the evening newspaper reported on May 23, 2023 Pacellistrasse. The reason for the evacuation is none other than the behavior of her son, Claudius Sch., Who repeatedly left the courtyard door of the house open. This is rated as a serious security problem by the landlord.

The landlord, now 73 years old, complained of evacuation because his daughter no longer felt safe. It should fear having to go into the building with pepper spray because there are reports on the homeless who have stayed in the hallway. Claudius Sch. On the other hand, argues that the door was often only based and emphasizes the unsustainability of the allegations. But the court disagreed: judge Prantl decided that Claudius Sch. the open the door was not sufficiently contested and that the security of the tenants has priority.

legal circumstances

The landlord's measures are difficult as part of 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 a termination. This could be due to the repeated security problems due to the behavior of Claudius Sch. happened, 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 that the tenant has a right to object in the event of termination. The judgment also points out that Claudius Sch. and his mother have already appealed to defend himself against the decision to defend. The judgment itself underlines a fundamental question: How do we ensure the security of all residents in a rental property?

The human drama

Eva Sch. After a hospital stay that lasted from July 2024 to February 2025, was found in a particularly difficult situation. Her son, who takes care of the seriously ill mother, had not informed her about the upcoming legal problems. This lives on the sudden uncertainty and fear that Eva Sch. Since then, too much - she can hardly sleep and is severely impaired in her quality of life.

The serious consequences for the tenant, who has lived in her apartment for more than three decades, emphasize the challenges that many tenants face in similar situations. Ordinary termination by the landlord requires considerable breaches of duty, but here too there are exceptions and serious reasons that can persuade a landlord to take such drastic measures. This is also supplemented by other examples in tenancy law, such as the examples of breaches of duty that can justify a termination, such as noise, illegal structural changes or even commercial use. must to express a termination.

Eva and Claudius Sch. must now adapt to a complex legal procedure, while the search for a new apartment becomes a stressful reality. Such stories are more than just a legal side locations - they are the reflection of a normal life that can quickly get out of joint.