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The limitation period for issuing the charge settlement does not apply to commercial leases!

This Supreme Court decision want attorney Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts Aschaffenburg and Darmstadt point explicitly.

This decision has been settled, the court clearly ambiguities, in which he in his decision of 27.01.2010, Az XII ZR 07/22 makes clear that a limitation period is only valid in the area of residential tenancy agreements.

Unless the commercial rental to the rental charge and the assumption of costs is agreed between parties to the lease, the landlord must not take into account the time limit provision of § 556 III BGB.

From the reference in § 578 BGB derives, according to Federal Court of Justice clearly that § 556 III BGB for commercial leases is not relevant. An analog application differs from a lack of presence of anti-plan loophole.

has the same time, the Supreme Court but also noted that the commercial landlord nevertheless can not forever take time, so let's review the process more specifically that of the tenant assistance eV, for it is in spite of the above decision very possible that the payment in arrears of commercial landlord in the meantime however no longer enforceable. So check first, then bring additional payment because of a full annual fee (!) From only 72 € the Consulting professionals can take the services of the tenants association in support claim.

Photo: lawyer Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt

tenant assistance eV

counseling Aschaffenburg

adhesive 6-8

63739 Aschaffenburg

phone: 06021 / 365 816

tenant assistance eV

counseling Dieburg

stock Strasse 49

64807 Phone: 06071/9816816

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