Casting accounting and compensation: BGH strengthens landlord rights - what tenants need to know

Casting accounting and compensation: BGH strengthens landlord rights - what tenants need to know

The decision of the Federal Court of Justice to maintain rental deposits repeatedly causes discussions. But what does this judgment really mean for landlords and tenants? What effects does it have on the rental market?

Why is the repayment of the deposit controversial?

Many people wonder why landlords often take so long to repay the deposit. There are several reasons for this. On the one hand, open rental payments or additional payments from operating costs can be retained. Beauty repairs or claims for damages also play a role. It is important that the deposit may only be used for defined claims, as agreed in the rental agreement.

What role does the limitation period play?

According to paragraph 548 paragraph 1 of the BGB, landlords have six months to claim claims for damages. However, this period can be extended if the claim could theoretically have been offset before the end of the six months. It is important that these are similar claims to enable a offsetting.

a specific case in Erlangen

An interesting case before the BGH affected a tenant in Erlangen. After moving out, the landlord claimed damage in the apartment, without communicating clearly whether the tenant is liable for the damage. When the deposit was retained, the six -month period had already expired. The district court of Nürberg-Fürth saw this as inadmissible and the case ended up in the BGH for the final clarification.

The judgment of the BGH

The BGH decided that the landlord's claims are not statute -barred as long as they were asserted within the period. Thus, the claims for damages could still be offset against the expiry of the limitation period. However, the case was referred back to the district court for further review in order to check the claims.

What does the judgment mean for landlords and tenants?

The decision of the BGH strengthens the legal position of the landlords, who can also assert damage after the tenants have moved out. House and reason welcome this flexibility, but call for a quick settlement of the deposit. The German Tenants' Association, on the other hand, criticizes the judgment as a disadvantage for tenants, since they can no longer be sure not to receive any demands after six months.

(Sources: dpa, EPD, AFP and Klaus Hempel, ARD rights editor)

- Nag