The Federal Court of Justice (BGH) has made a decision on the subject of compensation for rented apartments. It is about whether a landlord can demand money for damage caused by the tenant during the rental period.
The BGH has determined that a landlord can claim damages even if the repair has not yet been carried out. This is called a “fictitious claim for damages”. The damage is calculated with the expected costs for the repair, even if these costs have not yet been incurred.
The specific case involved a landlord claiming damages for various damages in the apartment, such as damaged doors and missing tiles. Some of the repairs had already been made. The landlord wanted either an advance on the repair costs or direct compensation based on a cost estimate.
The District Court and the District Court dismissed the landlord's claim. You have argued that you cannot claim fictitious damages. The BGH has decided that a fictitious claim for damages is possible in tenancy law. This means that the landlord can demand money for the damage even if the repair has not yet been carried out.
There are other questions in this case that the BGH did not judge because the appeal was limited to the question of fictitious damages. For example, it was not checked whether the damage occurred during the rental period.
BGH, judgment of April 19, 2023 - VIII ZR 280/21