1. Start
2. Guide Overview
3. Tenancy law
4. Enforcement in Rental Apartments – What Tenants Should Know

Enforcement in Rental Apartments – What Tenants Should Know

1. What Does Enforcement Mean?

Enforcement occurs when a creditor uses the court system to collect outstanding debts from a debtor.
In rental apartments, this often means a bailiff may visit to seize items belonging to the debtor. The goal is to sell these possessions to satisfy the creditor’s claim.

For tenants, it’s important to know: the bailiff may only enter the debtor’s residence and may seize only items over which the debtor has actual possession (known as “Gewahrsam” in German law).

2. What Can the Bailiff Seize?

A bailiff can seize movable property that belongs to the debtor and has economic value. Examples include:

• Electronics (TV, laptop, speakers)
• Jewelry, watches, collectibles
• Furniture beyond what’s needed for daily living

However, certain items are exempt from seizure, such as:

• Everyday essentials (clothes, bedding, kitchenware, washing machine)
• Tools or equipment needed for work or education
• Pets and personal keepsakes with no resale value

If the bailiff seizes items that should be exempt, the debtor or rightful owner may object and request their release.

3. How Tenants Can Protect Their Property

During enforcement, the bailiff doesn’t automatically verify ownership but rather checks who has possession or control of the property.
That’s why it’s crucial to prove ownership when other people live in the same household or when the ownership of items is unclear.

Tenants should clearly indicate which rooms belong to them and which belongings are theirs. This is especially relevant in shared housing or family situations where multiple people use common areas.

Keep purchase receipts, invoices, or sworn statements to document ownership and avoid wrongful seizure.

4. Proving Ownership and the Third-Party Objection Claim

If a bailiff seizes items that belong to someone else, the rightful owner must contact the creditor in writing and demand the item’s release.
Attach proof of ownership such as invoices, payment confirmations, or bank statements.

If the creditor refuses to release the item, the owner may file a third-party objection claim (“Drittwiderspruchsklage,” § 771 ZPO) with the local court.
This allows the court to officially confirm that the seized property does not belong to the debtor and must therefore be exempt from sale.

5. Special Considerations in Shared Apartments

In shared apartments (WGs), enforcement can be particularly complicated. Since multiple people live together, it’s often unclear who owns which items.

If valuable objects (like a TV or stereo) are located in shared spaces, the bailiff assumes joint possession (“Mitgewahrsam”). In such cases, these items cannot be seized, as ownership cannot be clearly attributed to the debtor.

To prevent wrongful seizure, residents should immediately inform the bailiff which room belongs to the debtor.
If other roommates’ belongings are seized, they should prove ownership in writing and request release from the creditor.

6. Prevention and Best Practices

1. Request a tenant self-disclosure: Landlords can check new tenants’ financial reliability in advance.
2. Keep purchase records: Save receipts, invoices, and photos of valuable items.
3. Clarify ownership in shared flats: Maintain a list of who owns which shared items.
4. Cooperate with the bailiff: Stay calm and provide clear information to avoid misunderstandings.
5. Seek legal advice: If you suspect an unlawful seizure, contact a tenant association or attorney.

Good documentation and transparent communication help tenants avoid problems and protect their property during enforcement.