October 19, 2022, 9:18 am | Read time: 4 minutes
Opinions differ on the importance of cleanliness and order. However, there have been several court rulings on the matter. When can the condition of your own apartment even lead to eviction?
Some feel comfortable in chaos, while others consider their apartment dirty if it’s not cleaned daily. For landlords and tenants, the topic holds a different significance. Courts across Germany frequently deal with cases where landlords want to evict tenants due to a dirty apartment. This often involves so-called “hoarder apartments.” However, dirty and messy doesn’t always mean a tenant has to move out. When landlords can evict their tenants and when a dirty apartment is not a reason for eviction.
Overview
Cockroaches Are Not Always a Sign of Dirt
At the Berlin Regional Court (Case No.: 655 S 148/15), a tenant successfully contested her landlord’s eviction notice. The landlord wanted her out because she allegedly let the apartment become extremely filthy–there was talk of human excrement and cockroaches.
However, the court did not find this sufficient grounds for eviction. An eviction notice can only be issued if the rental property is endangered–disorder or dirt alone are not enough, it was stated. Moreover, the risk of a cockroach infestation exists even if an apartment is regularly cleaned, especially in multi-family houses. Therefore, this is not a reason for eviction.
An eviction of the dirty apartment would only have been justified if, for example, the peace of the house was sustainably disturbed by the tenant in question. The landlord feared this as well as an infestation by vermin and therefore issued the eviction notice–without success.
Also interesting: Immediate Eviction! When Is It Justified?
Neglect Can Lead to Eviction
In another case before the Berlin Regional Court (Case No.: 67 S 8/17), the landlord was in the right. The tenant’s rooms were completely cluttered, and the bathroom was neither accessible nor usable. Additionally, the apartment was infested with rats that had already gnawed on the door and left their droppings in the rooms.
The landlord was able to inspect and document the condition of the apartment due to a water damage and filed for immediate eviction. While she initially failed at the district court, the regional court ruled in her favor. The reasoning was that substantial damage had already occurred and it was expected that the situation would worsen, as the tenant showed no insight.
The court ruled that a significantly neglected and dirty apartment can justify eviction. The contractual basis between both parties was significantly shaken, it was stated. A warning was not necessary in this case, as the tenant showed no insight.
A similar case occurred before the Munich District Court (Case No.: 416 C 589/18). The landlord filed for immediate eviction because the apartment was filled with trash. Some doors could no longer be opened, the floor was partially heavily soaked, and there were cobwebs and insect nests on the ceiling. The tenant believed it was her right to live in disorder. The judges disagreed.
Pests in the House–Is a Rent Reduction Permissible?
When are landlords actually allowed to enter a rental apartment?
When Neglect Is Present
There are different criteria and circumstances that indicate an apartment is truly in a neglected state. A landlord can only file for eviction if the tenant’s behavior or living conditions cause damage to the building’s structure or a sustained nuisance to other tenants. The online portal promietrecht.de provides some examples of when neglect or neglect of the apartment is present:
- Constant moisture in the apartment, mold infestation
- Apartment condition leads to vermin
- Trash in the apartment, rooms not or barely accessible
- General impairment due to intolerable odors
The portal notes that landlords usually have to warn the tenant before an eviction occurs. Exceptions exist only in extreme cases.
Can Messiness Lead to Eviction?
A chaotic study, a messy hallway, or other small untidy corners do not immediately lead to the termination of the lease. Landlords are not allowed to issue an eviction notice for such a reason. This has also been clarified in a court case.
The judges of the Stuttgart District Court (Case No.: 35 C 2527/20) ruled that an eviction cannot be based on the unkempt, borderline neglected condition of the apartment. This does not constitute a breach of the tenant’s obligations, as such a “design” of the apartment is part of the contractual use. Boundaries are generally only crossed when there are dangers to the building’s structure or nuisances to other neighbors.