Düsseldorf Local Court, 20.01.2015, Ref.: 42 C 10583/14
In accordance with Section 538 BGB, the tenant is not responsible for changes or deterioration of the rented property caused by the contractual use of the rented property and is therefore not liable for them.
It is therefore the landlord's responsibility to remedy the deterioration caused by normal contractual consumption at his own expense.
The problem with this type of situation is the distinction between "normal use" and "damage" to the rented property. This must always be examined on a case-by-case basis.
In the case mentioned above, the Düsseldorf Local Court had to decide, among other things, whether urinating standing up constituted contractual use of the rented property and whether the landlord or the tenant had to pay for the costs of the damage caused by the urine splashes.
Facts and rental agreement
The plaintiffs were tenants and the defendant was the landlord of a flat. The tenancy agreement contained clauses on cosmetic repairs (Section 10.2) and pro rata assumption of costs by the tenants (Section 10.3). Furthermore, an individual agreement was made that the tenants would pay € 18.50 per month for the property management (§ 14).
On 28 February 2014, the plaintiffs terminated the tenancy agreement and returned the flat. A number of defects such as unpainted walls and dirty floors were recorded during the inspection. The plaintiffs later demanded the return of their deposit, but the defendant made counterclaims in relation to damages incurred and additional payments for operating costs.
Claim and counterclaim
The plaintiffs filed an action for the return of the bank guarantee and repayment of the property management costs. They argued that some of the damage recorded in the acceptance report was not attributable to them and that the necessary painting work was carried out retrospectively. The defendant counterclaimed and demanded compensation for painting work, the replacement of the marble floor and legal fees.
The defendant claimed that the defects had been caused by the tenants and that the repairs carried out had been unprofessional. In addition, the marble floor in the bathroom was so dirty that it had to be replaced.
Judgement of the Düsseldorf Local Court
The Düsseldorf Local Court ruled that the tenants' claim was partially justified and that the defendant's counterclaim was only justified to a limited extent. The plaintiffs were entitled to the surrender of the guarantee, as there were no justified counterclaims on the part of the defendant. The plaintiffs were also awarded a claim for reimbursement of out-of-court legal fees, as the defendant had wrongly sued them for damages.
However, the court rejected the reclaim of the property management costs as the tenants had not lodged an objection within one year of receiving the utility bills. The defendant's counterclaim was only recognised in the amount of € 45.26 for the damaged oven handle.
Court’s Reasoning
The court rejected the defendant's claim for reimbursement of the marble flooring costs as the damage was not caused by the plaintiffs' fault. The defendant's witness confirmed that the damage was caused by urine around the toilet, which was not considered to be use in breach of contract. The claim for painting costs was also rejected, as the rigid deadlines for cosmetic repairs contained in the tenancy agreement were deemed invalid. The additional payment of € 139.58 for operating costs was also rejected as the statement was incorrect.
Overall, the court made it clear that the defendants' claims were not justified in most cases.
Source: Düsseldorf Local Court
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