Rental deposit and compensation: BGH judges the clearance options

Rental deposit and compensation: BGH judges the clearance options

rental dispute before the BGH: offsetting damage with deposit

A current case in front of the Federal Court of Justice (BGH) in Karlsruhe raises the question of whether landlords can offset damages for damage to the rental property with the rental deposit. This topic is not only relevant for those directly involved, but also affects fundamental questions of tenancy law. We take a closer look at the legal aspects and effects of this dispute.

limitation of claims and exceptional regulations

A landlord can withhold the rental deposit in various cases, for example for outstanding rental claims, additional payments or claims for damages due to damage to the rental property. The limitation period of such claims is usually six months after the tenant moved out. However, there is an exception if the landlord can demonstrate the offsetting before this period has expired.

In a specific case in front of the BGH, a tenant complained against the offsetting of the deposit with claims for damages, since these were only asserted after the limitation period has expired. The courts in the lower courts agreed with the tenant because the landlord's claims were already statute -barred.

effects of the judgment

The judgment of the BGH will not only be important for those directly involved, but for all landlords and tenants. A judgment in favor of the tenants could lead to the fact that landlords must communicate claims for damages in good time and clearly in order to be able to offset them later with the rental deposit. A clear regulation in this area could make future rental relationships more transparent and prevent disputes.

- Nag