BGH judgment: landlord strengthened when billing of deposits for damage

BGH judgment: landlord strengthened when billing of deposits for damage

The right of tenants: Clarity in the case of damage to the damage of deposits

Again and again a dispute between tenants and landlords over the use of deposits after the tenants moved out. In a current case, the Federal Constitutional Court (BGH) has made a decision that has important consequences for both sides.

conditions and exceptions to the judgment

The BGH recently announced that landlords may be able to deduct claims for damages from the deposit, even if they did not assert the right of legal remedies claims in good time within the limitation period (VIII ZR 184/23). This right allows landlords to demand financial compensation for damage instead of carrying out the repairs.

The tenant claimed that the claims were already time -barred, while the landlord argued that he had to cover the claims for damage. After a judicial discussion, the tenant initially won, but the landlord successfully appealed. The BGH decided in favor of the landlord and rejected the case for another exam.

Avoid legal disputes

It is important for tenants and landlords to understand that judgments such as that of the BGH can have direct effects on rental contracts. In the event of disputes about claims for damage, landlords should obtain legal advice to ensure that they comply with the necessary procedures.

An important knowledge from this judgment is that landlords can deduct repair costs from the deposit even if the claims were recorded before the expiry of the limitation period, and as long they are identical. This creates clarity about the possibilities and duties of landlords and tenants in dealing with damage bills.

- Nag