BGH strengthens landlord: offsetting exported claims for damages with deposit
BGH strengthens landlord: offsetting exported claims for damages with deposit
New BGH judgment strengthens landlord rights in the case of deposit accounts
In tenancy law, a new judgment of the Federal Court of Justice (BGH) ensures discussions. The Karlsruhe Senate has decided that landlords are allowed to offset the result of the six -month period even after the six -month period. This decision has far -reaching effects on practice in the housing market.
Usually, landlords have six months after returning an apartment to claim claims for damages. But the BGH now allows such claims to be paid for later by the deposit if they could theoretically have been offset against the deadline. However, this presupposes that these are similar claims.In a specific case, a tenant sued her landlord, who had retained her deposit of 780 euros. The landlord justified this with claims for damages for damage in the apartment. Although the claims were already time-barred, the BGH decided in favor of the landlord and referred the case to the regional court of Nuremberg-Fürth.
This judgment strengthens the position of the landlords and gives you more scope when billing claims for damages. Tenants now have to pay more attention to the condition in which they leave the apartment after moving out to avoid unpleasant surprises.
The judgment of the BGH shows how important it is to know the rights and obligations of tenants and landlords in detail in order to avoid disputes and incalculable costs. It is therefore advisable to find out about the applicable rules and laws in tenancy law before the conclusion of a rental agreement in order to avoid disputes from the outset.
- Nag
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