A quarrel and / or violence in the relationship is often a reason to expel a partner from their own home. But when is this allowed in Germany? Do you need a court order or can you only expel the partner of the common household with the help of the police? Below is a look at how you can throw your partner out.
Couples move in together when love is great and sign a lease for an apartment together in peacetime. Sometimes living together is no longer harmonious. However, in the unfortunate case, when a separation occurs, the household effects should normally be divided between the two partners. When is it legally allowed to throw your partner out of the shared apartment? The rental contract can primarily help, otherwise the three case constellations mentioned can be instructive.
In the event of a separation, how can a joint residential relationship be terminated?
Can I throw my partner (significant other) out of the apartment, if necessary, by force? The use of force in Germany is reserved exclusively for the executive. Everything else depends on the legal status of the roommate, i.e. on the rights that he can claim.
In principle, however, the following applies: The roommate of an apartment who is neither a tenant nor a subtenant usually has no statutory right to stay. If a roommate does not voluntarily leave the shared apartment despite being requested to do so, he may be liable to prosecution for trespassing under Section 123 of the German Criminal Code. In principle, if the partner refuses to leave the rented apartment, police help should first be sought.
The police, as the executive branch of the state, have the right to evict an eviction from the apartment, even with violence, if necessary, and to issue a house ban. In addition, the legislature has created the possibility of an eviction suit for certain cases. With the eviction title obtained by the court, an authorized bailiff can then carry out an evacuation, if necessary with the assistance of the police.
Eviction action: The process If the tenant does not pay his rent or causes unrest, the landlord can terminate the tenancy. If the tenant does not adhere to the set deadline, the apartment will be vacated. The landlord has hardly any room for maneuver himself, so the only legally sound way out is eviction.
There are three case constellations for the separation of partners in a non-marital partnership, each with different legal requirements:
- The significant other is the tenant.
- The significant other is a subtenant.
- The significant other is neither a tenant nor a subtenant.
If both partners have signed the rental contract, the statutory tenancy law applies with all rights and obligations. A partner’s expulsion is not legally possible. Even a partner who is willing to move out cannot simply leave the rented apartment, he remains a tenant and has to continue to pay for the rent and ancillary costs.
When a partner moves into the joint rented apartment, a sublease does not automatically arise. However, the landlord must be informed of the move-in. If, on the other hand, a sublease agreement is concluded, the landlord must agree to this.
If there is a valid sublease contract, the main tenant must give notice to the subtenant if the cohabitation is dissolved. This is a mandatory prerequisite for a later eviction suit if the sub-tenant does not want to leave the rented apartment despite the termination by the main tenant.
In this case, the partner must move out of the rented apartment at the request of the apartment owner. If he refuses to leave the rented apartment, a distinction must be made as to whether the roommate has acquired joint ownership of the rented apartment in accordance with Section 854 of the German Civil Code (BGB) or not. If not, the apartment owner can make use of his domiciliary rights and forcibly throw the previous roommate out of the rented apartment with the help of the police and pronounce a house ban.
If, on the other hand, the roommate co-owns the rented apartment, the apartment owner only has legal recourse to an eviction notice. Under certain circumstances, co-ownership also arises in the case of unmarried partnerships. This is the case if the taking of possession was documented by notifying the tenant to the landlord of the intended or actual admission of the illegitimate partner or by registering with the outside party at the address of the rented apartment.
If the roommate who has been expelled from the rented apartment has underage children, the same applies to what was said under point 3. The well-being of underage children has priority. If necessary, the youth welfare office should be consulted.
Can you throw your partner out if both your signatures are on the rental agreement?
Both have signed, therefore both are tenants and are equal parties. In this case, kicking the other partner out is difficult. There are two possible solutions: On the one hand, one of the two partners can continue the tenancy alone, but then an adjustment of the tenancy agreement would have to be undertaken.
Both parties, the moving partner and the landlord must agree to this lease amendment.
On the other hand, both tenants must jointly terminate the rental agreement.
So that a quick and smooth clarification can be achieved for everyone, the two partners as well as for the landlord, a quick agreement on the future living situation is advisable. If both parties, the partner and the landlord, cannot come to an agreement, things get more complicated. Throwing your partner out of the shared apartment is illegal. Since both partners are equal tenants and therefore one must not be denied the possibility of using his rented apartment.
In such situations it is better for both partners to consider moving out into two new, separate apartments. Here, too, termination requires the consent of both partners and this must be submitted together.
An excerpt from one of the two contractual partners without consulting the landlord is not expedient. It brings difficulties. Since both partners are in the lease, they have to pay in equal parts for later rent debts or damage: caught up, hung up.
It should be noted that both are liable for the total amount before the landlord and that there is no 50/50 split. If one partner is more solvent than the other, they can share the cost distribution among themselves as they wish.
This is also the case with declarations of consent that are requested from the landlord in the event of rent increases and modernization announcements. Both joint and several debtors remain – from this point of view – linked to one another.