Berlin Regional Court reaffirms property claims: Restoration of unlawfully deprived residential possession

In a landmark decision dated March 30, 2023, case number 64 S 331/22, the Berlin Regional Court strengthened the rights of a tenant who had been deprived of her possession through illicit self-help actions. With the issuance of a preliminary injunction, the tenant was re-awarded possession of her apartment, thus setting a clear signal for the protection of property rights.

The case illustrates the court’s handling of disturbances to possession and the corresponding application of law, which in this context emphasizes the unacceptability of tolerating an unlawful possession status and the possibility of self-help under § 859 BGB (German Civil Code). A period of notice for eviction under § 721 ZPO (Code of Civil Procedure) is not deemed justified in such urgent cases. The judgment consolidates the position of property owners and signals the judiciary’s unequivocal intent to promptly and effectively correct unlawful property situations.