District Court Darmstadt, December 30, 2013, Case No.: 25 T 138/13
Many landlords believe that they owe no further duty of care to their former tenants after the tenancy has ended. Especially when the parties have parted on bad terms, this often leads to disputes between tenant and landlord.
However, according to the principle of good faith (§ 242 BGB), certain obligations of the landlord may continue even after the end of the contract. This has been confirmed numerous times by the highest courts.
Such post-contractual obligations may arise in individual cases from the following circumstances:
-
-
- The nature of the terminated lease (e.g., commercial or residential lease)
- Special tenant interests (e.g., health risks)
- Imminent danger due to potential harm to the former tenant
-
In the case mentioned above, the District Court of Darmstadt had to decide whether the landlord was obligated to forward business mail to the former tenant after the lease had ended.
Facts of the Court Case
The tenant was a law firm.
The applicant was a commercial tenant of the business premises owned by the respondent until March 31, 2013, and operated a law and notary office there.
On March 28, 2013, the applicant moved out of the business premises and handed over all keys, including mailbox keys, to the respondent. The applicant’s new office was located about 400 meters away from the former rental premises.
Landlord informs in September that mail arrived in April
In an email on Saturday, September 21, 2013 (7:22 p.m.), the respondent informed the applicant that during the handover of the premises to the new tenants, business mail from April 2013 addressed to the applicant was found in the mailbox of the commercial unit. A photo of the mail was attached to the email.
The respondent further wrote: “For obvious reasons, I truly have no reason to be helpful to you in any way. Nevertheless, I inform you of my ‘discovery.’”
Landlord refuses to hand over the mail despite being asked
On the morning of the following Tuesday, September 24, 2013, the applicant’s employees tried several times, without success, to collect the mail in person. In a letter dated September 25, 2013, the applicant requested the respondent to hand over the documents by 6 p.m. on the same day. However, the respondent only replied by email, asking the applicant not to bother her anymore.
Former tenant files for an injunction to obtain the mail
In a brief dated September 26, 2013, received by the Darmstadt District Court on the same day, the applicant filed for an injunction to compel the respondent to hand over the mail that had arrived there. The injunction was granted on the same day as requested.
The respondent filed an objection on September 29, 2013, stating that she was no longer in possession of the mail she had found because she had already placed it in a “public mailbox” on September 23, 2013.
After receiving the mail, the tenant withdraws the injunction request
The applicant then withdrew the application for the injunction.
Landlord contests the cost ruling
However, by order dated November 8, 2013, the District Court imposed the costs of the proceedings on the respondent. This order was served on the respondent’s attorney on November 13, 2013. In a brief received on November 25, 2013, the respondent filed an immediate appeal, arguing that neither a right to the injunction nor grounds for it existed.
Decision of the District Court Darmstadt
The District Court of Darmstadt ruled that the respondent was rightly ordered to bear the costs of the proceedings and that both a right to the injunction and grounds for it existed.
District Court Darmstadt decides that the landlord is obligated to forward the mail
The respondent was obligated to hand over the business mail she had found to the applicant. This obligation arises under § 242 BGB according to the principle of good faith as a post-contractual duty from the terminated lease.
These are post-contractual obligations of the landlord
It is recognized in both case law and literature that the landlord, as a post-contractual obligation, has duties of care and safekeeping regarding items and facilities that are not obviously worthless and that the tenant has left behind when vacating the premises.
The extent of these duties depends on whether the tenant voluntarily gave up possession of the rental property and left the items behind, or whether the landlord regained possession of the rental property through unlawful self-help and found the items in the process.
The same applies to mail intended for the tenant and that came into the landlord’s possession after the tenant vacated the premises. In such cases, the landlord is not entitled to simply dispose of this mail due to their post-contractual duties of care and safekeeping. This is especially true if the mail is clearly important business correspondence, as was the case here with the mail for a law and notary office.
Source: District Court Darmstadt
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Note: The content of this article has been prepared to the best of our knowledge and understanding. However, the complexity and constant change in the subject matter make it necessary to exclude liability and guarantees.
If you need legal advice, feel free to contact us at 0221 – 80187670 or send us an email at If you require legal advice, feel free to call us at 0221 – 80187670 or send us an email at If you need employment law advice, feel free to call us at 0221 – 80187670 or send an email to info@mth-partner.de.. info@mth-partner.de.
Lawyers in Cologne provide advice and representation in tenancy law.
