BGH judgment: Tenants lose rights to repairs from the deposit - as landlords benefit from it

Von Kl Redaktion

New opportunities for landlords: BGH judgment strengthens flexibility in billing deposits

In a current judgment, the Federal Court of Justice (BGH) strengthened the rights of landlords and gave them more flexibility in setting up deposits. So far, landlords have only been able to assert claims for damages from the deposit balance within six months. However, the BGH judgment now allows landlords to request compensation in cash even after this period, instead of repair.

The German Tenants' Association sees the judgment critically and emphasizes that tenants are now more dependent on a quick and clear processing of their deposits. The possibility of clarifying claims for damages in court is also an additional hurdle for tenants.

The real estate settlement house and the ground welcomed the judgment as an opportunity for private housing associations to deal with claims for damages more flexibly. Nevertheless, it is strongly recommended to document all visible damage when the apartment is handed over to it in order to avoid discrepancies when billing.

In general, landlords must assert their claims for damages within six months after the apartment handover. An exception only applies to similar claims that can be placed even after the deadline, provided that they refer to the same amount of money as the deposit.

The BGH judgment emphasizes the importance of the similarity of claims, be it for monetary damages or the restoration of the damaged object. While local courts represent different views, the BGH has made it clear that the deadline for the assertion of claims is not decisive.

The judgment of the BGH thus creates new scope for landlords and tenants alike, but also raises the question of a fair and transparent handling of claims for damages. It remains to be seen how landlords and tenants will deal with this new legal Situation in the future.

- Nag