Background to the case
A landlord had rented out a commercial hall, office space, and outdoor parking spaces. The tenant gave notice but missed the deadline. He moved out before the end of the lease and threw the keys into the landlord’s mailbox. The landlord stated that he did not agree to the return of the keys. More than six months later, the landlord asserted claims for damages against the tenant, but these were considered time-barred by the court.
Legal assessment by the Federal Court of Justice
The Federal Court of Justice clarified that, according to Section 548 (1) sentence 1 of the German Civil Code (BGB), the limitation period for claims for compensation by the landlord for changes or deterioration of the rented property is six months and begins at the time when the landlord regains possession of the rented property. The return of the property generally requires a change in ownership in favor of the landlord, which was the case here when the keys were placed in the landlord’s mailbox. The change of ownership occurs when the tenant completely relinquishes possession and the landlord has the opportunity to inspect the rented property undisturbed. In any case, the necessary change in ownership occurs at the time when the landlord becomes aware of the tenant’s complete relinquishment of possession and of his own possession of the property. The return of the rented property within the meaning of Section 548 (1) sentence 2 BGB does not require the return of the rented property within the meaning of Section 546 (1) BGB or the termination of the tenancy agreement. Consequently, the landlord’s claims for compensation within the meaning of Section 548 (1) sentence 1 BGB may become time-barred even before the termination of the tenancy.
Significance for practice
This ruling has significant implications for practice:
- For landlords: It is crucial to check the rented property for damage immediately after receiving the keys back – even if they are left in the mailbox – and, if necessary, to assert claims for compensation within the six-month period.
- For tenants: Even placing the keys in the landlord’s mailbox can trigger the start of the limitation period. It is therefore advisable to document the change in ownership.
Conclusion
The BGH ruling clarifies that the start of the limitation period is not necessarily linked to the end of the tenancy or the formal return of the rented property. Rather, simply placing the keys in the landlord’s mailbox can constitute the return of the rented property and thus trigger the limitation period.
The most important points briefly summarised
- The limitation period for claims for compensation by the landlord due to changes or deterioration of the rented property is six months from the date of return of the rented property.
- Placing the keys in the landlord’s mailbox may constitute return.
- Landlords should act promptly after receiving the keys in order to avoid losing claims due to the statute of limitations.
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