The scheduled termination date has passed, but the rented flat in Germany is still being used. For the landlord side this does not mean they may now themselves gain access or remove items. First the actual contractual and return status must be clarified. A valid termination, the surrender of possession and a possible monetary claim are separate questions.
Document the alleged end of the tenancy again
Our editorial recommendation: gather the contract, addenda, notice of termination or termination agreement and the respective proof of delivery. Check whether there is agreement about the end or whether the validity of a declaration is already being contested. Your own calendar note does not replace these documents.
Also record how the flat is actually being used, what return was agreed and which keys have already been handed over. An unanswered message or a single missed appointment does not prove that the flat has been vacated and fully returned. Secure only lawfully available information; this procedure does not require secret observation or unilateral inspection.
Examine a possible continuation of the contract promptly
Section 545 BGB governs an extension for an indefinite period where use continues, unless one party declares their opposing intention within two weeks. For the landlord side the period mentioned there begins with knowledge of the continuation. [FORTSETZUNG] Whether the provision is excluded in the specific contract or how existing declarations are to be assessed should be examined promptly.
Therefore do not treat another month of use simply as a meaningless delay. Secure the date of your knowledge and any explanations already exchanged. This article does not calculate a personal deadline and does not decide whether a particular message had the required content. For the next communication it should be clear which legal position is actually being asserted.
Demand return factually, without taking possession yourself
Section 546 BGB obliges the return after termination of the tenancy. [RUECKGABE] That does not mean the landlord side can unilaterally enforce a disputed return. Section 858 BGB protects possession against its unlawful dispossession or disturbance without the possessor’s consent, unless a statutory permissive provision applies. [BESITZ]
Align the next demand and necessary legal steps with the clarified contractual status. A spare key is not a substitute for a lawful surrender of possession. Likewise, neither changing locks nor cutting off utilities or using left-behind items as leverage should be used. Concrete acute hazards require separate appropriate assistance and are not a general workaround for a tenancy dispute.
Do not set a monetary claim arbitrarily
For withholding after termination of the contract Section 546a BGB provides under its conditions compensation based on the agreed or local comparable rent. [GELD] This is not a free penalty fee per late day. Whether the conditions are met and which period is affected must fit the actual contractual and return status.
Order payments received by date and apparent purpose. Distinguish a calculated claim from an already acknowledged or judicially established entitlement. This article does not address a final damage calculation and does not decide on the significance of unconditional declarations or other payments in the individual case.
Example: A new move-in is imminent
Fictitiously the flat should have been returned at the end of the month. The previous tenant now states they need several more weeks. At the same time a new letting is planned. The owner therefore immediately collects the existing contractual and message status and has the further procedure clarified. She does not simply promise the new party a guaranteed earlier access and does not clear the old flat herself out of time pressure.
Prepare the lawful enforcement route
If a surrender cannot be reached by agreement, the necessary title and further steps must be appropriately clarified. Section 885 ZPO assigns the forcible procurement of possession for immovable property to the bailiff. [VOLLSTRECKUNG] Details, possible other enforcement models and specific costs are not decided by a private eviction company or this article.
A sensible file contains the contractual status, actual use, return agreements, existing declarations, key status and comprehensible payments. This allows targeted advice, without creating additional problems out of anger or time pressure. The goal remains a return that is actually and lawfully clarified.