Limitation period begins with forcible entry into dwelling

Background to the case

Following the death of a long-term tenant, the landlord opened the flat without a court order, cleared it out and had extensive renovations carried out. He then demanded compensation from the estate administrator, but failed in court because the six-month limitation period specified in Section 548 of the German Civil Code (BGB) had expired.

Key question in court

The decisive factor was when the limitation period for claims for damages under Section 548 of the German Civil Code (BGB) begins if the landlord opens the flat without a court order.

The decision of the Hamburg Local Court

The Hamburg Local Court ruled that the forcible opening of the apartment door is equivalent to an eviction, which also triggers the limitation period under Section 548(1) of the German Civil Code (BGB).

In both cases, the tenants no longer have access to the rented premises, while the landlords have unhindered access and thus the opportunity to obtain a comprehensive picture of the damage to the flat without being disturbed.

Significance for practice

For landlords:

• It is essential to wait for a court eviction order or to keep an eye on the short limitation period specified in Section 548 of the German Civil Code (BGB).
  Claim renovation costs quickly.

For estate administrators and heirs:

Can invoke the statute of limitations if the landlord reacts too late.

• Forcible entry into the property may trigger an early start to the limitation period

Legal classification:

The ruling follows on from the case law of the Federal Court of Justice, according to which the transfer of possession is decisive and not the end of the tenancy (see BGH NZM 2025, 349 and LG Darmstadt GE 2025, 146).

Summary of the key facts

• Forcible entry into the flat = return of the rented property
• The limitation period begins immediately, regardless of when the tenancy agreement ends
• Opening the flat door without a court order is equivalent to eviction