Pach & Pach from Nuremberg the lawyers inform the vast majority of all leases is closed under the requirement of a deposit performance by the lessee. On the occasion of a ruling of the Federal Supreme Court, the Nuremberg firm Pach & Pach reports on rights and obligations of the contract parties, related to the lease. The legal basis of the security deposit is BGB 551. As security she offer protection against breaches of duty on the part of the tenant the landlord. This can be, for example, to missed payments of rent or incidental thereto. The obligation of the tenant to the deposit does not by itself goes hand in hand with the lease, but must be agreed in accordance with 551 civil code between him and the landlord expressly contractually. Its scope is legally by 551 ABS.
1 of the civil code set to a maximum of three months rent. Reference of the lease is the net rent without additional costs. The contract parties have a flat-rate rent agreed, the estimated costs for the calculation of the permitted rent which not itemized, lump sum must be deducted. The rent rises only then together with the rent, if this was agreed. Otherwise it depends on the original rental contract.
In accordance with 551 paragraph II BGB to be apportioning the rent in three consecutive monthly installments of equal. The first part instalment is payable at the beginning of the tenancy. In practice, most will only enter landlord on a lease if they receive the entire deposit in the contract. The security deposit is considered to have been done, if the landlord she has actually received. The tenant should keep proof of payment of the lease and request a receipt from the landlord in cash payments. Otherwise are proof problems to expect in the event of a dispute.