Interest Letters To Sororities

Operating costs: Deposit guarantees and subsequent claims

After termination of a lease tenant and landlord argued over open rental payment and repayment of the deposit. The tenant was the view that the repayment of the deposit to him is already so mature, because the landlord is not a lien because of claims from a final utility bill for this purpose. He argued that the repayment of the deposit on the payroll of operating costs is due. He would not pay for the Lender still owed rent because he is entitled to retain the open rental payments until the landlord had his part presented a utility bill.
The Higher Regional Court in Dusseldorf decided that the collateral purpose of a security also extends to claims from a termination of the lease to be made of operating costs. Because of the settlement still to be drawn about the cost of the tenant was not a lien against the outstanding rent due.
A deposit secures all claims of a lessor under the lease. Because of this comprehensive security purpose, the deposit extends to claims from a yet to be drawn final utility bill. That the rights of the landlord to compensate for costs subsequent claims are paid only after receipt of the statement restricts the right of a landlord, the deposit until Payroll withholding, not one. A retention of the tenant to the outstanding rent due to the receipt of the final charge settlement does not exist (Dusseldorf Higher Regional Court, decision of 01.10.09, case no 10 U 58/09).

intended