Outstanding claims remain in the rent account while the move-out is announced. You think about retaining furniture as security. Before you do anything, it must be clear whether the statutory landlord's lien (Vermieterpfandrecht) even applies and which items could be affected. An outstanding monetary amount does not make the entire contents of the flat freely available as security.
First prepare the claim in a legally robust way
Set out the alleged claims with basis, period, due date and payment. Mark disputed items and existing securities. An unclear total sum is not a suitable starting point for the legal assessment of a lien.
§ 562 BGB ties in to claims arising from the tenancy and items brought in by the tenant. Non-attachable items are excluded; paragraph 2 contains further temporal limits. [UMFANG] Whether a specific item is covered must therefore be checked before the measure.
Present items are not automatically attributed to the tenant
Our editorial recommendation: initially note only the documented state of knowledge. If a person says that an item is on loan or belongs to a relative, the assertion should be submitted for factual clarification. Mere location does not replace proof of ownership. Nor does the personal value of an item decide its legal attachability.
Obtain information in a lawful manner. This article does not authorise entering the flat on your own, opening cupboards or searching private documents for proof of ownership. Which findings and steps are legally permissible in the specific case belongs in individual legal advice.
Address removal and passage of time expressly
§ 562a governs the expiry in case of removal and exceptions in the absence of knowledge or objection. It also limits when the landlord can object. [ENTFERNUNG] A blanket statement that no furniture may be removed skips this examination.
§ 562b contains certain statutory powers as well as a claim for surrender. For the constellation described there is also a one-month limit after knowledge of the removal for asserting it in court. [VERFAHREN] Have the actual timeline assessed immediately. This article supplies neither a calculated deadline nor instructions on physically preventing a move.
Hypothetical case: desire to secure meets unclear items
Hanna hears about the impending move-out. She knows of an outstanding rent amount but cannot yet allocate several incoming payments. The visible computer is said by the tenant to come from the employer. Hanna does not lock up all items, but promptly presents the account, known facts and the planned move-out to suitable legal advice.
There the claim is checked first, then the possible scope of security. A claim of third-party ownership and possible non-attachability remain concrete points to be examined. The decision is not made according to which item currently looks most expensive.
Consider other security and the legal route
§ 562c provides that the tenant can avert enforcement by providing security and can free individual items against security corresponding to their value. [SICHERHEIT] Such a solution also requires an examination and agreement appropriate to the case.
Your result is a legally justified decision on securing a specific claim and specific items. Realisation, enforcement and possible insolvency issues are additional topics for professional support. A far-reaching self-help measure should not start from an unconfirmed account note.