Limitation under § 548 BGB: what the six months mean for tenants

When a landlord's damage claims expire, what pauses the deadline, and why your Kaution (deposit) is still not safe.

BildProof RedaktionUpdated 10/1/20263 min readGermany
In short

The landlord has six months from the day they get the flat back to claim for damage. With a cash Kaution, the landlord can still deduct the damage after that. So your records of the flat's condition have to last longer than the deadline.

What the six-month deadline means

These are the points to know once you have moved out.

  1. 1

    When the six months start

    The six months run from the day the landlord gets the flat back.

  2. 2

    A clause cannot extend the deadline

    A pre-printed clause in the lease cannot extend the deadline.

  3. 3

    Negotiations pause the clock

    While you and the landlord negotiate about the damage, the clock stops. After that, at least three months remain.

  4. 4

    A cash Kaution is the exception

    With a cash Kaution, the landlord can still deduct damage even after the claim has expired.

  5. 5

    The landlord still has to prove it

    The landlord still has to prove that the damage arose during your tenancy.

  6. 6

    You have a deadline too

    Claim your expenses and the removal of fixtures within six months of the end of the tenancy.

Why this matters

Six months sounds like protection. But the landlord can still deduct from a cash Kaution after that. So in the end, what mainly protects you is what you can show about the flat's condition.

General information, not legal advice.

Frequently asked questions

When does the landlord's six-month deadline start?

The six-month deadline starts when the landlord gets the flat back, usually when you return the keys. The date the lease ends does not matter for this.

Can the landlord still deduct from the Kaution after six months?

Yes, with a cash Kaution the landlord can still deduct an expired damage claim (BGH, VIII ZR 184/23). But the landlord still has to prove that the damage really came from you.

Can the lease extend the deadline?

A standard clause in the lease cannot extend the deadline. The BGH ruled that such an extension is void (VIII ZR 13/17).

More on this

Also in this topic: May my landlord take photos of my flat?Can my landlord enter the flat?Water damage in a rented flat: who pays what?No Energieausweis shown? Your rights as a tenantAll guides: Rights & duties

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