Federal Constitutional Court stops forced eviction pregnant woman!

Federal Constitutional Court stops forced eviction pregnant woman!

A moving case currently employs the public in Bavaria: The Federal Constitutional Court (BVerfG) has decided that the forced evacuation of the apartment of a heavily pregnant woman is temporarily suspended. This decision not only brings to legal but also human aspects, because the eviction was originally set for four days before its planned caesarean section.

The landlord had applied for the eviction on the basis of a comparison of January 18, 2024 from a district court in Schwabach. According to reports from esv.info after evacuation in a container emergency need to be accommodated. This led to the family to submit an application for eviction at the enforcement court in Schwabach in accordance with § 765a ZPO. However, on May 13, 2025, the court rejected this application because it did not see any immoral hardness and the health consequences of the eviction were not adequately appreciated.

legal background and possibilities

The legal framework for evacuation protection is complex. Legislation stipulates that under certain circumstances tenants have the option of postponing a forced eviction. According to § 721 ZPO, a tenant can apply for a clearance period to gain time for a new apartment or for personal affairs such as recovery. An application must be made before the hearing was concluded, and the duration of the deadline lies at the discretion of the court, as can be read on Rechtsanwalt-bach.de

Special features such as health challenges, as in the current case of pregnant women, can play a role. Here it is weighed up between the interests of the landlord and the tenant's social circumstances. Social hardship cases, for example by threatening homelessness or health hazards, can cause additional protective measures. The BVerfG in Karlsruhe is therefore of the opinion that a more precise clarification of facts in relation to the health risks of container accommodation would have been necessary.

follow and outlook

The decision of the BVerfG to suspend foreclosure up to a maximum of six months is not only a ray of hope for the family affected, but also has far -reaching consequences for similar cases. The case shows that when evacuing forced evacuation not only counts the legal aspects, but also the human component Clearly comes to the fore. At a time when living space is becoming increasingly scarce, the protection of needy tenants is more important than ever.

Current developments in tenancy law, such as the Bern model or the introduction of rental price brakes, aim to further strengthen the rights of tenants and reduce evacuation. According to the information portal rectangle.de there are numerous rights and options for tenants to effectively defend themselves against impending evacuation and to improve their situation.

The discussion about the legal and social handling of evacuations will continue to be of great importance for society. Because in the end, humanitarian points of view should not be forgotten - especially when it comes to the well -being of pregnant women and their families.