If a tenancy is terminated, the owner must present any outstanding claims from the tenancy to the tenant after a so-called "reasonable, not generally determinable period of consideration". Here, the landlord declares whether there is an interest in realizing the rental deposit on his part. As a rule, this period is three to six months in accordance with §548 BGB. If there are still outstanding claims, such as additional service charge payments or a service charge statement, the inspection period can also be extended to a period of one year.
In May 2014, a dispute arose between the tenants of a rented apartment and their landlord. Alleged defects, such as mold growth, dampness and ant formation in the apartment were the reason for the disputes. Accordingly, the tenants reduced their rent payments over several months and gave extraordinary notice of termination of the tenancy. In its ruling, the Federal Court of Justice (BGH) decided that the outstanding claims against the tenants may be offset against the rent deposit (AZ VIII ZR 141/17).
After termination of the lease, the landlord sued his former tenants for back payments and repayments totaling just under 5,000 euros. These comprised the outstanding difference in rent payments as well as the costs for the surveyor and for renovation work, the loss of rent and the additional claims for ancillary costs. A court-appointed expert appraised the apartment in May 2015, and the landlord was able to sublet the apartment to another party in June 2015. The Federal Court of Justice ruled that the deposit can be settled by means of conclusive conduct on the part of the landlord and that the landlord may settle the disputed claims via the rent deposit.
Source: BGH
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