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Created on Thursday, 14 June 2007 18:38

Last Updated on Friday, 28 December 2012 18:54

Time-barred Damages after Moving out

Whenever you terminate your rental contract, §548 I 2 BGB time bars any claims for damages to the rented object six months after return. But when do these six months really begin? At the time the keys or at the end of the rental period? This question was answered by OLG Düsseldorf August 31, 2006 (re I-10 U 46/06).

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Whenever the tenant returns the keys with the remark that rental contract has ended, he clearly gives up his possession of the facility. The landlord has now the possibility to take full possession of the object and explore if any defects, changes, or modifications have been made. §548 I 2 BGB clearly says the limitation periods starts after returning the object of lease. However, the tenant returned the before the contract ended. The plaintiff argued that following §200 BGB the limitation period could only begin as soon as the claim to compensate for damages matures. This was supposed to be with the end of the contract. The court disagreed with this opinion. Ruling case law shows that the time baring in accordance with §548 BGB is not a claim that matures and can afterwards be time-barred but the definition of when this period commences.

Published on the old CMS: 2007/6/14
Read on the old CMS till November 2008: 1,215 reads