Start of the Limitation Period Upon Return of the Rented Property (Federal Court of Justice, XII ZR 96/23)

The Federal Court of Justice (Bundesgerichtshof, BGH) has clarified when the six-month limitation period under § 548(1) of the German Civil Code (BGB) for the landlord's claims for damages begins. What matters is not the formal end of the tenancy but the point in time at which the landlord regains actual physical control (tatsächliche Sachherrschaft) over the rented property.

In the case decided, the tenant had vacated the premises early and had dropped the keys into the landlord's letterbox. Although the landlord described the return as being "against his will" and the tenancy legally still continued, the BGH regarded this as a return of the rented property. What was decisive was that the landlord in fact had access to the premises again and was able to control them.

Consequence: the limitation period for the claims for damages began to run upon receipt of the keys – and not only at the end of the lease. A mere refusal to accept the return cannot postpone the start of the limitation period if possession has in fact passed.

For landlords, this means that as soon as actual physical control over the rented property returns (e.g. through handover or deposit of the keys), the limitation period under § 548 BGB runs – irrespective of whether the tenancy formally still exists.