New Limit Aims to Curb Exploitation with Possession Disturbance Lawsuits
Justice Minister Anna Sporrer (SPÖ) wants to make it more difficult for property owners to use business models that respond to short-term turning or parking of cars with often standard threats of possession disturbance lawsuits and payment demands. Specifically, the basis for assessment for these lawsuits should be reduced to 40 euros, so that such models are no longer lucrative, Sporrer told APA. A corresponding proposal is to be decided in the Council of Ministers in the fall.
Possession Disturbance Rip-off with Cars to be Made More Difficult
A first draft for this was already made known in July. Now, they seem to be a bit further along. "It is scandalous that models are being developed with which people who have made a small mistake - they turn somewhere or stop briefly - are immediately threatened with legal proceedings for profit interests. This is not good for the rule of law," said the Minister.
Currently, people who, for example, briefly stop on an unmarked private parking space often receive a lawyer's letter at home. These usually demand a payment of 400 euros, otherwise a possession disturbance lawsuit would be filed. This amount roughly corresponds to what would have to be paid at a minimum as a replacement for legal costs if the case is lost. "However, the letter actually costs the client less, which means there is an unjustified profit for scammers," Sporrer now argues.
Assessment Basis of 40 Euros Considered
If the basis for assessment for such lawsuits is reduced to 40 euros, the legal costs would only amount to about a quarter of what was previously demanded. "The letters can then only say: Pay 100 euros, otherwise you will be sued," said Sporrer. For the lawyer or client, hardly any profit would be possible. For all other possession disturbance lawsuits - for example, if one spouse locks the other out of the apartment during divorce proceedings - this reduction should not apply.
(APA/Red)
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