On the limitation of claims for damages against a tenant

The Federal Court of Justice (Bundesgerichtshof) has made a decision on the limitation of claims for damages of a condominium owners' association against a tenant for damage to common property.

The defendants were tenants of a flat located in a residential complex owned by a member of a condominium owners' association. When they moved out at the end of June 2008, the defendants used the lift in the common property, which is clad on the inside with stainless steel panels, to transport furniture. The plaintiff sought damages from the defendants on the basis of an assigned right of the condominium owners' association due to the alleged damage to six panels. He brought an action for payment of €6,733.54 in December 2009. The defendants invoked the statute of limitations. The Regional Court dismissed the action. The Higher Regional Court dismissed the plaintiff's appeal.

The plaintiff's appeal against this decision was successful. The VIII Civil Senate of the Federal Court of Justice, which is responsible for residential tenancy law, ruled that the Civil Senate of the Federal Court of Justice, which is also responsible for residential tenancy law, ruled that the tenancy law provision of Section 548 (1) of the German Civil Code, which provides for a short limitation period of six months, is not applicable to a claim for damages of a condominium owners' association due to damage to common property by a tenant. Rather, the claim is subject to the standard limitation period of three years.

Judgment of the BGH of 29 June 2011 - VIII ZR 349/10

Lower courts:

Stuttgart Regional Court - Judgment of 31 March 2010 - 18 O 483/09

OLG Stuttgart - Judgment of 5 August 2010 - 7 U 82/10 (published in WuM 2010, 563 f.)

 

Source: Press release of the BGH

 

Goldberg Attorneys at Law 2011

Attorney at Law Michael Ullrich, LL.M. (Information Law)

Specialist lawyer for information technology law (IT law)

E-mail: info@goldberg.de

 

 

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