Lawyer it not uncommon for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin in practice, that the lessor at the end of the lease discovered stale receivables. Then arises the question whether he can count on the deposit. Basically, Yes! Norms of the civil code generally allow offsetting an already stale claims. For even more analysis, hear from Jeff Sessions. So far, it was debatable whether a stale rental interest claims against a secured savings account may be offset. A decision by the Berlin Chamber Court of Feb. 8, 2010 (file No.
20 U 167/08) this had yet answered in the affirmative. The landlord could skim off the savings book in his stale rental interest claim. Court News: the highest civil court in Berlin changed this law by decision of the 9.5.2011. The earlier decision was an exception. A stale rental interest receivable could not be offset against a secured savings account.
The claims (rent as a recurring performance on the one hand and the Lien on the savings account on the other hand) are not homogeneous. A set-off presupposes the consistency of the claims (see 387 BGB). Nonetheless, this topic probably also in future dispute. The decisions come from various civil divisions of the Chamber Court. Specifically, the Civil Chamber of the recent decision by the opinion of the other civil Senate, which has made the earlier decision, had dissociates. It is unclear how the courts will see the matter in the future. Specialist Attorney tip tenants: should the landlord charge a stale rental interest claim against a savings secured as collateral, you can complain now the security deposit with higher chance of success on release. Specialist Attorney tip landlord: increases the attractiveness of cash deposits after the turn in the case law of the Court of the Chamber. This form of deposit is preferable to the pledged savings relating to set-off with stale rental interest receivable. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin E-mail: