Guest will not pay: demand, court order, claim
Which steps to take, in which order, when a guest will not pay for damage.
Send a written demand with a breakdown and a fixed deadline, then the court payment order and, if needed, a claim. As a precaution, assume six months from return, not three years.
What do you do when the guest will not pay?
Each step builds on the one before. Acting early and in writing saves work later.
- 1
Written demand
A written Mahnung with a breakdown and a fixed deadline puts the guest in default.
- 2
Default
Without default there is no interest and no recovery of your costs.
- 3
Court order
If the guest stays silent, the gerichtliches Mahnverfahren is the cheapest next step and runs largely online.
- 4
Claim
If the guest objects, the case goes to court, up to €10,000 at the Amtsgericht.
- 5
No lawyer required
At the Amtsgericht you can represent yourself.
- 6
Watch the deadline
As a precaution, assume six months from the return of the flat.
Already have damage?
Guest damaged something?
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Which rules apply
The guest is normally in default after a demand once payment is due (§ 286 BGB). Money claims up to €10,000 go to the Amtsgericht (§ 23 GVG), and the platforms' deadlines are 14 days after checkout.
General information, not legal advice.
Frequently asked questions
How long can I pursue the claim?
On the platforms only briefly: on Airbnb you ask the guest within 14 days of checkout and file with Airbnb within 30 days, and on Booking.com and Vrbo the deadline is 14 days. Towards the guest directly, send your demand within a few weeks.
Up to what amount does the Amtsgericht hear the case?
Money claims up to €10,000 (§ 23 no. 1 GVG). There is no duty to have a lawyer at the Amtsgericht, so you can represent yourself.
What do I need if it goes to court?
Proof that the damage happened during this stay: the condition before, the condition after and a documented amount. You cannot create the condition before afterwards.
Also in this topic: House rules for a holiday flat: what is actually enforceablePet damage in a holiday flat: what you can recoverInventory missing after a stay: what you can recoverKaution for a holiday flat: how much may you charge?
Next guest arriving soon?
Scan the flat before check-in and after check-out. Then a claim rests on a comparison, even if it ends up in court.
See BildProof for hosts