Is punishable by law, a landlord when he puts on the lease of his assets not separately? In the apartment leases the Bundesgerichtshof has this Yes just in case, the landlord not always is able to pay back the deposit. If an access of the creditors is expected because of impending indebtedness, a damage-same assets risk lies and so as an offence the landlord to the tenant has an asset care obligation (BGH, decision of 2.4.2008, AZ: 5 str 354/07). The Supreme Court confirmed in a recent judgment of May 25, 2010 (VI ZR 205/09), which concerned a warranty holdback of a construction contractor, that the landlord has a wealth care duty on the security deposit. Specialist Attorney tip landlord: Despite this judgment, one should be very careful. Answered the question, when a looming insolvency exists and so access the creditors can be expected, can be not so easy in some cases. Even when the bail deposit the Financial circumstances were right, comes an infidelity by failure to consider at subsequent deterioration in the financial circumstances. So be sure create the deposit separately from the other assets.
Specialist Attorney tip tenants: require proof, that this has separately applied the deposit of his assets, by your landlord. The landlord refuses you are entitled to withdraw the deposit amount by the current rent again. If you don’t care, you run the risk to lose your deposit due to bankruptcy of the lessor. Against the insolvency administrator no entitlement to retirement money consists of the company’s assets, if the separate system was not. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail: