The car does not have to be in perfect new condition when it is again indicated. Usual signs of wear and defects, the lessee can not pay then. Go damages beyond, he does not owe the cost of repair, but only the reduced value .
liable under § 558 BGB of the lessee for excess wear and tear. Including damage to be understood, which would have to contractually use can be avoided. scale is the age and mileage of appropriate conservation status.
Normal signs are generally as small stone bruise or small scratches and scratches near the fuel cap and door handles and trunk handles (Reinking / Eggert, car sales, 9th edition, para. 988).
Through the use of washing machines can also scratches on the roof and caused flaps front and rear. Slight dents three doors and the rear right side panel are typical traces the use of vehicles in heavy traffic and scarce parking. Also, such damages are therefore no excessive wear. (LG München I, decision of 09.10.1996, Az 15 S 9301/96)
The same should also apply for Lackabplatzungen to the door edges.
If excessive wear is present, not the costs are reimbursable, which would be necessary to repair the damage, but only the amount by which the value of the vehicle is reduced (LG Frankfurt, Judgement of 16.09.1997, Az . 2 / 8 S 79/97, 2-08 S 79/97, quoted by juris). This is necessary to look to a general consideration, that is, the individual losses can not simply be added up.
The lessor has the burden of proof. He needs to spell out in detail and demonstrate that the alleged damage caused by normal wear and what to wear on contractual. An opinion that the damage costs without any statement lists is not enough. It may in the court process are not limited to the fact the call with the experts responsible for drawing up the report as a witness, because the answer is the excess stress task of the lessor and not that of a witness (AG Korbach, Judgement of 27.07.1999, Az 3 C 32/99, quoted by juris).
emergence later prove difficult, because the lessor of the experts appointed by him, no concrete, contractual provisions necessary instructions issued for the inspection or the making of a withdrawal protocol for authorized dealers and the staff responsible for the evaluator draws no photographs of the vehicle, although this, in view of the presence of any negative features of state would cause, it is payable by the lessor (LG Frankfurt, Judgement of 07.25.1988, ref 2 / 24 S 158/87).
Source: accumulate Szary Blog
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