Key in the Mailbox – and Suddenly the Claim Expires?
It sounds simple: The tenant drops the key into the landlord’s mailbox. Done. But legally, this action can have big consequences.
Background
If a tenant unilaterally returns the key – even without the landlord’s consent or formal termination – it may be considered a change in possession. According to a recent court ruling, this can trigger the limitation period for damage claims.
Why this matters
Once possession is legally considered returned, the landlord has a limited time to claim compensation for damages. If that time runs out – the claim expires.
What landlords should do
- ✔️ Document all handovers in writing
- ✔️ Do not accept informal key returns unnoticed
- ✔️ Regularly inspect inventory – especially in furnished rentals or vacation homes
Whether it’s a damaged sofa or missing keys: legal certainty begins with proper handover. One key in the mailbox can start the clock ticking.
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