Tenant does not want to pay the rental deposit - damage is time-barred

  • Erstellt am 2018-04-09 10:40:40

apokolok

2018-09-07 13:05:55
  • #1
No, with such people you have to go through with it solely on principle. The risk is, in my opinion, also very manageable; I want to see the judge who rules in favor of the landlord here.
 

Basti2709

2018-09-07 13:23:08
  • #2


But all the hassle then for maybe 100 euros?

Of course, there is also the risk of not winning. But I wonder on what basis the judge should rule in favor of the landlord...?

That is exactly what the case law in Germany is designed for... to confuse the plaintiff until he gives up his right and settles amicably... especially in smaller amounts. Saves the judge work, of course...

I find it quite remarkable that the landlord has reduced his claim from 1,200 euros to 250 euros... probably not without reason.
 

Alex85

2018-09-07 14:22:02
  • #3


The judge has the advantage of being able to hear both sides.
 

Obstlerbaum

2018-09-07 19:07:29
  • #4
The background is: Judges receive a sort of point rating every year for determining their further career path. More points are simply awarded for an amicable settlement than for a judicial decision. Sounds strange, but unfortunately it’s true...
 

Fuchur

2018-09-08 10:01:27
  • #5

Do you have a reliable source for that? I was once in that field and that would be completely new to me. So not the "points" as you call them, but the consideration of the type of resolution. I especially only know this for procedural duration and revision rates. Although of course an amicable settlement shortens the procedural duration. But basically, the preference for settlements is more about the savings of not having to write a written judgment.
 

ypg

2018-09-08 10:51:29
  • #6


I think that's good! Sometimes you really have to make a statement so that such people finally notice something.

I have also experienced this as a photographer with copyright law: after digital theft and commercial reuse, the lawyer of the opposing party always made big speeches and waved it off, portraying everything as trivial. Then my lawyer asked me: that's enough, we have to sue now. I said: okay, with all consequences. Only then did the opposing party accept everything and pay damages as well as my lawyer fees. A total of about €2,500... of which €125 was damages.
 

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