Limitation under § 548 BGB: six months for damage claims

When your claims for damage expire, what pauses the deadline and how to claim in time.

BildProof RedaktionUpdated 10/1/20263 min readGermany
In short

Your claims for damage expire six months after the flat is returned. Put the deadline in your calendar, get a quote and claim in writing before the time runs out.

How to use the six months

Follow these steps and you will not lose a claim because the deadline has passed.

  1. 1

    Note the return date

    The clock runs from the day the flat is returned. Write that date into the Übergabeprotokoll (handover record).

  2. 2

    Record the findings

    On the day the flat is returned, record each item of damage with the room, the exact spot and a photo.

  3. 3

    Get a quote early

    To begin with, a quote is enough to show the amount. You do not have to give the tenant a deadline to repair.

  4. 4

    Claim in writing

    Claim each item of damage separately, with the amount and the evidence.

  5. 5

    Offset against the Kaution

    If the tenant paid a cash Kaution (deposit), you can still offset your claim against it after the deadline.

  6. 6

    If you want more than the Kaution

    Secure the larger amount before the deadline with a lawsuit or a court payment order.

Why this matters

The deadline is short, and you cannot extend it in the lease. If you already know on the day the flat is returned which damage is new, you can safely claim within the six months.

General information, not legal advice.

Frequently asked questions

When does the limitation period for damage to the flat start?

The limitation period starts on the day you get the flat back, usually the day of the key handover. From then on you have six months (§ 548 Abs. 1 BGB).

Does a letter to the tenant stop the limitation period?

No, a letter alone does not pause the limitation period. Negotiations with the tenant, a lawsuit or a court payment order do pause it (§§ 203, 204 BGB).

Do I have to give the tenant a deadline to repair first?

No, you do not have to give the tenant a deadline to repair first. After the flat is returned, you can ask for money straight away (BGH, VIII ZR 157/17).

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