Constantin Pach Schonhoverstrasse

Wednesday, 20. March 2019

The security deposit as security against breach of contract obligation of the tenant the landlord. It is accordingly in accordance with of article 551 civil code insolvency firm, i.e. separate from his assets with a credit institution to apply paragraph III. The landlord is obliged to make an interest-bearing investment of deposit performance, that common interest rate guaranteed at least the savings with a notice period of three months. The 01.09.2001 tenancy law reform has been allowed the parties to use other system procedures for the security deposit. In any case, the investment income increase the safety performance of the deposit and are to pay the tenant at the end of the lease. To prevent a claim of lessee for damages due to loss of interest, is strongly advised the landlord, to make the facility of the deposit immediately upon receipt.

An exception from the obligation to return is BGB for the rental of rooms in student or youth hostels in accordance with 551 paragraph III. The separation of assets and security deposit on the part of the landlord is prescribed by law for reasons of tenant protection. She would fail, stocks for the tenant the danger of losing his temporary licensed bail due to misuse or insolvency of the lessor. The Federal Supreme Court on the 13.10.2010, decided that a tenant is only obliged to pay the agreed rent if the landlord can clearly prove the insolvency-safe investment of the amount. The tenant violates his contractual obligations, during the lease, the lessor is entitled to cover his claims arising from the deposit. The increase of the deposit amount to the originally set level is the tenant in a row. Upon termination of the lease, a claim for refund of the security deposit and investment interest towards the landlord is the tenant. This must however refund amount in question if he has checks, whether and to what extent subsequent claims against the tenant, which entitle to offset payments with the deposit.

An overall repayment period declines jurisdiction in favour of the individual assessment of each case. If a period not exceeding six months after termination of the lease considered sufficiently often is no claims of the lessor against the lessee are indicated. The landlord has obviously no grounds for a claim check, the reimbursement must be carried out faster. Their interests in the dispute to best enforce the lease, rental agreement parties the competent commitment of a tenancy law experts should trust. The Nuremberg firm specializing in tenancy concerns Pach & Pach is in this context for many years for their clients. Press contact lawyers Pach & Pach Hans-Christoph Pach & Constantin Pach Schonhoverstrasse 31 90409 Nurnberg phone: 0911-56 92 28-0 fax: 0911-56 92 28 27 email: Homepage:

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