The deposit and its statute of limitations

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My apartment, my house, my villa - but if you want to rent, you usually first have to pay a deposit to the landlord. The right to payment of the deposit as well as the tenant's right to its repayment are subject to the statute of limitations.

It is easy to dispute about a rental deposit.
It is easy to dispute about a rental deposit.

While the tenant pays the deposit without any problems in most cases, there is often a dispute between tenant and landlord about repayment of the rent security. Because the landlord does not have to repay it immediately after the end of the tenancy. The limitation period for the repayment claim therefore does not begin immediately when you move out of the apartment.

Limitation of the right to the payment of the deposit

  • The landlord also has to take care if the tenant simply does not pay the agreed rent security. If, on the other hand, he does nothing and it only occurs to him after years that he now wants the appropriate money, it can be too late.
  • Because the landlord's claim is also subject to the regular limitation period in accordance with 195 BGB, which is three years.
  • The period begins according to § 199 para. 1 BGB to run at the end of the year in which the claim arose. Becomes a rental contract for example on July 1st. completed, the limitation period begins on December 31. to run.
  • The regular limitation period should also be observed by tenants who want their rental security back from the landlord.
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Time frame for the landlord

  • It should be noted here, however, that the deadline does not begin with the end of the tenancy or begins at the end of the year in which it ends.
  • Since the deposit represents the only security for the landlord to be able to enforce any claims against the tenant after he has moved out, a different regulation applies here.
  • The landlord must be able to settle claims that are due, such as those from an operating cost agreement.
  • The limitation period for the deposit repayment claim therefore only begins when the landlord's claims for an additional payment of operating costs are due (cf. the resolution of the Düsseldorf Higher Regional Court dated April 22, 2005, Az. I-24 W 16/05).

A landlord can't wait forever to pay back the deposit. However, if he takes too much time with this, the tenant should send a reminder for the repayment in good time.

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