BGH-Urteil: Wie Vermieter zu Unrecht gezahlte Provisionen zurückbekommen

In a recent ruling, the Federal Court of Justice (BGH) decided that landlords unfairly received certain fees and are now required to return them. The case involved a single landlord who had transferred management of 129 units and 134 garages to a company, and subsequently sought to reclaim around 16,000 euros in commissions after the contract ended.

The ruling has far-reaching implications for the real estate industry, potentially affecting about 22,000 property managers in Germany. The BGH ruled that if a property management company re-rents the properties under its care, it cannot demand additional commissions from either the tenant or the landlord. This overturns a common practice among the majority of property managers in the country.

Sebastian Haak, an attorney specializing in real estate law, noted that the decision has significant implications for many property managers who relied on commissions from re-rentals as a significant source of income. However, not all cases are clear-cut. The ruling applies only if the provision is part of the contract and is not considered a hidden fee.

Verjährungsfristen (statutes of limitations) vary, but in most cases, landlords have until the end of 2026 to reclaim commissions from 2023. Experts recommend seeking legal advice to assess the specific terms of contracts and determine what fees, if any, can be reclaimed. The German Association of Property Managers has warned against hasty and broad claims, suggesting that property owners consider amicable negotiations before pursuing legal action.