Guest will not pay for damage: demand, court order, claim
Guest will not pay for damage: demand, court order, claim
If the guest will not pay, the direct route remains: Mahnung (formal demand), Mahnverfahren (court order procedure), then claim. Assume a short limitation period, not three years.
§ 548 BGB sets a six-month limitation from return for a landlord's compensation claims. Whether it applies to short-term letting is worth clarifying early, not after months.
§§ 286, 548, 195 BGB, § 23 GVGIn 60 seconds
Start with a written Mahnung setting a concrete payment deadline and attaching your breakdown. Without default there is no interest and no cost recovery.
The gerichtliches Mahnverfahren is the cheapest next step. It runs largely online and, if the guest objects, moves into ordinary proceedings.
For amounts up to €5,000 the Amtsgericht has jurisdiction, and no lawyer is required.
Do not simply assume the three-year standard limitation. § 548 BGB gives a landlord six months from return for compensation claims, and that seriously comes into play for short-term letting.
With guests resident abroad the effort rises considerably. Check first whether the amount justifies the route.
Legal framework
Default normally arises through a demand after the debt falls due. A landlord's claims for changes to or deterioration of the rented property limit after six months from recovery under § 548 BGB; the standard limitation period is three years. For amounts up to €5,000 the Amtsgericht has jurisdiction.
The steps in the right order
| Step | Purpose |
|---|---|
| written demand with a deadline | establishes default, interest and costs |
| court order procedure | cheap, online, title on silence |
| claim at the Amtsgericht | up to €5,000 without a lawyer |
How to calculate the amount is in Calculating compensation; how to build the proof is in Proving damage in a holiday flat.
Common mistakes
The short § 548 BGB period seriously comes into play here. Act early.
Without default you may carry the costs yourself.
What was not recorded before handover cannot be produced later.
What to do next
Send a written demand with a breakdown and a concrete deadline. Do it with BildProof, about two minutes a room →
On silence, start the court order procedure.
Clarify the limitation question early, not after months.
Frequently asked questions
How long can I pursue the claim?
This is the most important and most often wrongly answered question. Many assume the three-year standard period. But under § 548 BGB a landlord's claims for deterioration of the rented property limit six months after return, and short-term letting is legally Miete. Clarify this early with a lawyer and act within the short period as a precaution.
Is the court order procedure worth it?
For undisputed or well-evidenced claims, yes: it is cheap, largely online, and produces an enforceable title if the guest stays silent. If the guest objects, the matter moves into ordinary proceedings, and then your evidence alone decides it.
What do I need if it goes to court?
Proof that the damage arose during this stay. That means the documented condition before the stay, the condition after, and an evidenced amount. Without the first element the rest has no effect, and it cannot be produced retrospectively.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.