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Recovery of Deposit for Land Lease

How do you recover the deposit for land rental? Discover the procedure, deadlines, and steps to court for tenants and landlords.

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Recovering a deposit for the rental of land, such as a parking space or garden plot, requires knowledge of the procedure. Upon termination of the lease agreement, the landlord must repay the deposit within a reasonable period, usually within one month, unless there are valid reasons for withholding it. As a tenant, you can submit a written request with proof of the land's good condition, such as photos or an inspection report. If the deposit is not returned, you can send a notice of default and, if necessary, proceed to the subdistrict court. The court assesses whether the landlord demonstrates damage with invoices or quotes. Important: check the lease agreement for specific provisions regarding the deposit. In case of disagreement, Book 7 of the Civil Code (BW) applies, which prescribes a reasonable period. Tenants often succeed if the landlord provides no evidence. Landlords may only make deductions for proven damage, not for normal wear and tear. Tips: conduct a joint inspection at the start and end, and retain correspondence. This prevents disputes and ensures you get your money back. (198 words)