Germany's New Constitution Strengthens Property Rights Against Unlawful Evictions
A new constitutional reform has reinforced protections for property owners in Germany, making it harder to evict lawful residents without a court order. The changes, outlined in Article 28 of the updated Constitution, come as eviction cases have surged in recent years, reaching over 400,000 in 2025 alone. Officials say the reform aims to bring clarity and fairness to housing disputes while strengthening property rights. The updated Constitution now explicitly bans evictions unless a legally binding court ruling is in place. This builds on existing laws, such as Article 188 of the Civil Code and Article 8 of the Housing Relations Law, which already prohibited unlawful removals. However, the new provision establishes an absolute priority for lawful property owners, ensuring they cannot be displaced without judicial approval.
Aslambek Mergaliyev, Chair of the Supreme Court, recently clarified how the changes will work in practice. Courts will verify whether an individual has a legal right to occupy a property before any eviction can proceed. If a tenant violates a lease, judges typically rule in favour of eviction and often award compensation to landlords. Data shows that eviction cases have risen sharply in recent years. Between 2021 and 2025, the number of judicial eviction proceedings climbed from around 250,000 to over 400,000. Housing shortages and rent disputes in cities like Berlin and Munich have driven much of this increase. Yet, in 2025, only 6% of the 2,700 eviction cases reviewed involved tenants—most disputes centred on other occupancy issues. Legal experts note that the biggest challenges arise when no formal lease agreement exists. Without clear documentation, proving lawful occupancy becomes harder, leaving both tenants and landlords vulnerable to disputes.
The reform tightens the rules around evictions, requiring court approval for any forced removal from a property. With housing disputes on the rise, the changes seek to reduce unlawful evictions while protecting the rights of lawful owners. The new measures will apply to all future cases, with courts playing a central role in resolving conflicts.
Read also:
- India's Agriculture Minister Reviews Sector Progress Amid Heavy Rains, Crop Areas Up
- Over 1.7M in Baden-Württemberg at Poverty Risk, Emmendingen's Housing Crisis Urgent
- Life Expectancy Soars, But Youth Suicide and Substance Abuse Pose Concern
- Cyprus, Kuwait Strengthen Strategic Partnership with Upcoming Ministerial Meeting
