A family with four children had to get out on Thursday from her apartment in Moabit – as a result of water damage. At 11 o’clock rang, according to lawyer Cornelius Krakow, the bailiff in the “Lübecker Straße” at the family A. he asked the parents and their four children, to leave their apartment. These refused at first. The bailiff called the police for reinforcement.

only two officials arrived, but when the family refused, on the advice of their lawyer, requested a hundred. “No one needs to be involved in its clearance,” said a lawyer in Krakow. Before the dog arrived from an economic viewpoint, thought better of it, the family and left the apartment voluntarily – they wanted to spare the children the experience of police officers is carried out.

as far as the representation of the lawyer. The history of the Case is unusual and, in part, a concatenation of unfavorable circumstances.

The Pakistani family has been living for almost ten years in the apartment, she lives from Hartz IV., The four children are eight, twelve, 14 and 16 years old; the two older visit a Gymnasium. The family is considered to be integrated. In October 2018, there was water damage in the apartment.

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The family wiped up the water quickly and thought this was sufficient. The landlord, however, had been of the opinion that the entire floor had to be replaced to avoid mold, and asked the family to Leave the apartment, in order to allow repair work, says the lawyer. The family refused, because they had no spare apartment, and no need to saw.

The eviction was enforced prior to the court date in full

The landlord announced and eviction brought an action. Since the family did not react, has been issued against you, a judgment by default. According to the lawyer of the lawsuit the family is not received. The result: The judgment was provisionally enforceable, even though the actual court is pending appointment on the legality of the termination. An application for enforcement of protection was rejected, the court could not establish a case of hardship.

Before the court will retry the case in may. “We assume that the termination will not survive,” said Wibke Werner, Deputy managing Director of the Berlin tenants ‘ Association, the daily mirror. The case is known, because the family is a member of the tenants Association. “To be able to terminate, would have a substantial breach of duty to the family, which, however, is here visible,” says Werner.

The family would have been able to avert the enforcement by payment of 17 000 Euro; so much money you don’t have it. “As far as I know, has tried to the lawyer because of the threat of eviction to the court date, bring forward,” says Werner. This was not due to Overloading of the court, but possible – another unfortunate circumstance. “It is unfortunate that the courts are in the position to react in such an extreme case like this, more flexible.”

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The evacuation to the representation of a lawyer in Krakow, also of the landlords, the tenants, its cleared immediately ban issued. With the daily mirror, he did not want to speak. His lawyer said his client will not comment. A spokesman for a major insurance stated on request: “This is an unusual approach. In such a case, the residents go usually to a Hotel until the damage is fixed, and the building insurance is paid.“ Now, it is the responsibility of the district, the family first, to accommodate, when it comes to friends. Whether this was on Thursday, was not to be.