Auer Witte Thiel: BGH clarifies rules on the limitation period for claims Munich may 2011. A new judgment of the Federal Court (VIII ZR 195/10) clarifies the existing regime of limitation of compensation claims of the lessee, thus strengthening the legal position of landlords and real estate owners. Report the current judgment the lawyers Auer Witte Thiel from Munich. The six-month limitation period starting at the end of a tenancy is also claims of the lessee arising from cosmetic repairs, which has accomplished this in ignorance of the invalidity of the renovation clause. This the Bundesgerichtshof has in a recent decision determined and thus ends a legal dispute lasting since 2009. In the underlying case, the tenant had made cosmetic repairs to the leased property in the year 2006 according to a time plan of the lessor for a total of 2,687 euros, but later determined that the beauty repair clause was invalid. 2009 he handed A tenant lawsuit and demanded the reimbursement of the costs incurred plus interest. The defendant, however, relied on that at the time of the prosecution already expired Statute of limitations.
VIII. civil Senate of the Federal Court dismissed the action on the 5th May 2011 and thus joined the decisions of the lower courts. The BGH thereby noted that that after termination of a tenancy starting limitation of six months (section 548, para 2 BGB) also refers to cosmetic repairs, which have been made in ignorance of the ineffectiveness of the appropriate renovation clause. The GdW Federal Association of German housing and real estate companies welcomed the latest ruling. It corresponds to in wording and meaning of the legislation and is practical”, comments Axel Gedaschko, President of GdW’s decision in a first reaction. Even Auer Witte Thiel evaluate the dismissing of the lawsuit as a major strengthening of the legal position of landlords and real estate owners. Auer Witte Thiel lawyers represent several German real estate company.
The Firm Auer Witte Thiel will inform further at this point in the coming months about recent decisions in tenancy matters.