What to do if the tenant doesn’t pay

The Berlin Court of Appeal (Case No. 8 U 15/15) had to deal with an angry landlord. The tenant filed an action for injunctive relief and prevailed.

A landlord and his tenant were involved in an eviction dispute over commercial premises used as an auto repair shop. In the meantime, the tenant sought a preliminary injunction against the landlord because the latter was permanently blocking his driveway. The court of first instance ruled that blocking the property’s driveways interfered with the tenant’s possession of the leased premises. This is not altered by the fact that the parked vehicles were still on public property. The court also pointed out that drastic measures by the landlord, such as changing the locks, are legally permissible only in exceptional cases and as a last resort. Such “self-help” by the landlord requires that a landlord’s lien has already been exercised and that there are concrete indications that the tenant could thwart this.

Workshop equipment is not subject to attachment

A landlord’s lien requires not only a claim for payment against the tenant but also the existence of attachable property owned by the tenant. For small businesses, a statutory provision additionally applies under which certain items are exempt from attachment. These include tools, machinery, a certain amount of material supplies, and basic office furniture. In the case of the auto repair shop operator, the landlord was therefore unable to attach the workshop equipment and steel office furniture as he had planned.

Conclusion:
Even during eviction proceedings, the landlord may not resort to measures that exclude the tenant from the leased property. If he does so, he must also expect an injunction.