security deposit
May 19, 2010 | 20,00 EUR | answered by Bernhard Müller
I bought a condominium from a bankruptcy trustee. The property was and still is rented out. According to the bankruptcy trustee, only 50% of the tenants' deposit is still available. Now my question is: Who is liable for the remaining amount?
- Me, as I also took over the rental agreement when I purchased the property, or
- The tenant themselves, as they had the right and therefore the obligation to obtain an affidavit when moving in, guaranteeing them the refund of the deposit from the landlord (bankruptcy trustee)?
Best regards.
Dear inquirer,
The answer to your question can be found in § 566a Sentence 1 of the German Civil Code.
If the tenant of the sold residential space has provided security to the landlord for the fulfillment of his obligations, the acquirer enters into the rights and obligations thereby created.
This means that you are liable for the security deposit. However, you should still inquire why only 50% of the deposit is remaining. If the tenant has not fulfilled his obligations under the lease agreement in the past and the landlord has used part of the deposit for this, then the landlord would only have a claim for replenishing the deposit. This claim would then pass on to you, so in this case you would have a claim for payment of the missing half from the tenant.
Aside from this special case, you are liable for the missing half of the deposit + interest. You could have taken this into account when acquiring the apartment by offering a lower purchase price than for an otherwise identical apartment with a fully intact deposit.
I hope that my answer was able to help you.
Sincerely yours,
Bernhard Müller Attorney-at-law
