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KI-Symbolbild: Ein Treppenflur mit offenem Holzschrank und gestapelten schlichten Umzugskartons neben einer offenen Tür.
Decision aid Letting Germany

The eviction title is in place: compare classic and limited enforcement for lettings

A limited clearance order shifts tasks regarding the items found. Compare storage and handling before deciding.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Germany
For whom
Owners & landlords
Article ID
WX26-P03-0069

The eviction process is complete, and the legal support is preparing the enforcement. Now you must decide what scope the assignment should have. This is not only about the initial cost advance. The choice affects who will deal with the items found after the change of possession and which organisational tasks remain with you.

Confirm the correct starting point

First clarify that the actual title, the persons involved and the other prerequisites fit the planned approach. This article assumes a technically prepared enforcement case. It does not decide whether a particular judgment is enforceable, nor does it determine enforcement protection or the correct date.

Determine who on the landlord side will communicate with the legal support and the bailiff. A contracted clear-out company does not replace the enforcement order. The change of possession under § 885 Absatz 1 is carried out by the bailiff. [KLASSISCH]

Compare the two scopes by their follow-up tasks

§ 885 regulates, in addition to the change of possession, the bailiff's handling of movable items that are not the object of enforcement. § 885a allows a limitation to the measures of § 885 Absatz 1. In this case the bailiff documents plainly visible items; removal and storage can subsequently be the creditor's responsibility. [KLASSISCH] [BESCHRAENKT]

Our editorial recommendation: Compare both routes with the same factual level of information. Which rooms are likely to be affected, what secure storage is available and who can handle enquiries about a release? Unknown contents of a flat remain unknown. A photograph taken from outside does not replace knowledge of the inventory.

Do not base a cost saving without assessing the tasks

Obtain a comprehensible cost estimate for the appropriate scope of assignment. Separate advance payment, expected further expenses and only possible later reimbursements. This article does not state typical clearance prices and does not promise that one route will be cheaper in the concrete case.

Also assess your own effort. With the limited assignment a responsible person must be able to allocate the items found and enquiries about them. § 885a contains special requirements for storage, release and later realisation. [BESCHRAENKT] The term limited therefore does not mean that after receipt of the keys everything may be disposed of without further inspection.

Fictitious comparison: No own storage and return route available

Nils wants to choose the limited assignment because he expects a smaller advance. However, he lives far away and has neither suitable storage nor a person organised for possible release enquiries.

With the professional support he therefore examines the entire follow-up of both variants. Only after transport, storage, responsibility and legal limits are comprehensible does he decide on the assignment. The bill does not end on the day of the clearance. The example does not confirm a particular fee or an entitlement to disposal.

Do not equate completion with an empty room

After the enforcement date the protocol, the state of possession and the actually assumed follow-up tasks are brought together. For a decision on release or realisation the respective applicable legal route must be followed. In case of uncertainty the specific item will be professionally assessed before any irreversible measure.

Your result is a consciously chosen, actually manageable enforcement variant. It links the lawful acquisition of possession with the handling of items left behind and the budget required. A mere look at the lowest initial advance would omit a significant part of the decision.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.