Leasing- & Mietwagenrückgabe – Wer haftet für Schäden?

Marco Rogert — Thu, 07 Apr 2022 07:21:02 +0000

Who hasn't experienced this? Renting a vehicle quickly at the airport and then returning it suddenly reveals that there's a dent or scratch. Or, after the end of a leasing contract, the leasing company suddenly contacts you with a Appraise about damages amounting to several thousand euros. You then ask yourself: What now? Are you powerless to deal with such a claim, or is there a way to defend yourself against such often unjustified demands?

The basis is, first of all, that the tenant/lessee is only liable for damages that he/she himself caused. The landlord/lessor has the burden of proof for this fact. He/she can generally only provide reliable proof if he/she two protocols One protocol for the handover and one for the return. The protocols must also be signed by both contracting parties.

Furthermore, the question arises as to which damages the tenant/lessee is actually liable for if they demonstrably occurred during the term of the lease. Damages that occurred during normal use are borne by the landlord/lessor. This includes stone chip damage and typical wear and tear damageThis can be a point of contention, especially in the case of long-term rentals and leasing contracts.

Stone chips and wear are taken into account

Over the past few years, case law has developed a number of principles, including regular, typical signs of wear is about:

slight scratches and abrasions on the roof, engine and trunk lid
Dents and dents on doors or side panels up to 1 mm penetration depth or with less than 20 mm diameter
Stone chips in paint and windshield up to 2 mm in size
slight paint and rubber wear on the bumper

Typical signs of wear are therefore permissible and do not constitute damage.

Rogert & Ulbrich recommends – Don’t just accept the alleged damages!

Defend yourself against unjustified demands for additional payment and reject them. This puts the leasing or rental car company in the position of having to prove any damage and the resulting loss of value. However, the documentation of alleged damage is often inadequate or the appraisal is inaccurate.

We at Rogert & Ulbrich We know our stuff and can help you defend yourself against dirty tricks and unfounded claims for damages. Therefore, take advantage of your opportunity now and let us free and non-binding advice!

FAQs – Frequently Asked Questions

What happens if damage is reported after the return?

If damage is discovered after the vehicle is returned, the lessor checks whether the lessee correctly documented the condition of the vehicle during the last handover check.

How can you defend yourself against unjustified demands?

Important documents include the handover protocol, photos of the vehicle, and proof that the damage was not caused by the renter.

Why is documentation so important when submitting a document?

A complete documentation of the condition protects the tenant, because otherwise he may have to bear the costs of any damage discovered later.

What should you do if the landlord only reports damage days later?

In such cases of damage, it should be checked whether the rental car was used again after being returned, because then the damage cannot be attributed to the original renter.

Who is liable in the event of an accident during use?

In the event of an accident, the renter is liable if the damage was directly caused by him – depending on the insurance and contract terms of the rental car.

What additional costs might arise later?

The landlord can charge for repairs, cleaning, depreciation or administration – depending on the condition and type of damage.

What applies if the damage occurred during a trip?

Any damage incurred during a trip must be reported immediately; otherwise, the landlord can argue that the tenant has failed to fulfill their obligation.

How can damage be proven in the best possible way?

The handover protocol, photos and videos of the car or the handover help to avoid later disputes with the landlord.

Is it possible to seek legal advice if the landlord makes unjustified demands?

Yes, legal advice is advisable if unclear costs are being claimed or the damage is not plausibly documented.

What should you do if the landlord claims that the damage was clearly caused by someone else?

In such cases, evidence should be secured and it should be checked whether the damage was actually caused by the tenant or whether there is a misattribution.

Leasing-Fahrzeuge Archive - R&U

Leasing- & Mietwagenrückgabe – Wer haftet für Schäden?

Stone chips and wear are taken into account

Rogert & Ulbrich recommends – Don’t just accept the alleged damages!

FAQs – Frequently Asked Questions

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