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

Additionally, the market value probably also needs to be taken into account. This should still be 70% after 3 years... so 70% of 1,200 euros... = 840.00 euros

So I would ask your insurance. In my layman's opinion, a claim has now arisen.. Although insurance laws are sometimes strange and we do not know your contracts.

But I would also go to a specialist lawyer.

In my opinion, the matter is time-barred, §215 Baugesetzbuch is not applicable. Why should no rectification have been possible here? Send him a payment order and let it come to a procedure.

In my opinion, the matter is time-barred, §215 Baugesetzbuch is not applicable. Why should no rectification have been possible here? Send him a payment order and let it come to a legal proceeding.

I had read in connection with § 215 Baugesetzbuch that it is an ancillary service of the lease agreement. In this case, the landlord is entitled to a monetary payment immediately even without rectification.

Therefore, my doubts...

The deadline runs until 18.04....only after that can I issue an order. The landlord is quite sure of his case and does not want to seek any legal assistance. My argument according to § 548 Baugesetzbuch is "one-sided and superficial."

I still doubt the extent of the damage... as no residual value is taken into account. It also seems to be an estimated invoice since the damage was not repaired. Thus, according to §249 paragraph 2 sentence 2 Baugesetzbuch, the VAT cannot be considered either.

If I calculate all that, the amount has already halved.

Then get yourself legal assistance....

I read in connection with § 215 of the Building Code that it is an ancillary service of the rental agreement. In this case, the landlord is entitled to an immediate monetary payment without any rectification.

...

But not the whole deposit! That is not appropriate, and also by the new tenant, who – I assume – certainly does not pay a reduced rent compared to her. In this respect, he only has a gain, but no disadvantageous costs. Let him be sure... your advantage. Time and the situation are in your favor. Please report how it goes.