Leasing return: What damages do you have to pay for?

It's important for lessees to know: The car doesn't have to be in perfect new condition upon return. The lessee is not responsible for normal wear and tear.

Go Damage beyond the usual signs of use and wear and tear, the lessee does not have to pay the repair costs, but only the so-called Pay reduced value. The lessee liable only for excessive wear (Section 538 of the German Civil Code (BGB)). This refers to damage that could have been avoided through proper use. The criterion is the condition appropriate to the age and mileage.

Small scratches and dents are normal signs of wear

Normal Signs of wear are usually small rockfall marks or small scuffs and scratches near the fuel cap, door handles, and trunk handles. Using car washes can also cause scratches on the roof and front and rear hatches.  Slight dents on three doors and the rear right side panel are typical Signs of usage when using vehicles in heavy traffic and where parking is limited. Such damage is therefore also no excessive wear (See the judgment of the Munich I Regional Court (LG), judgment of October 9, 1996, case number 15 S 9301/96). The same should also apply to paint chipping on the door edges. 

In case of wear and tear, only pay the reduced value

Is there a excessive wear not the costs that would be necessary to repair the damage, but only the amount by which the Value of the vehicle diminished (Frankfurt Regional Court, judgment of September 16, 1997, case no. 2/8 S 79/97, 2-08 S 79/97). In this case, the individual damages cannot simply be summed up, but must be considered as a whole.

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Lessor must provide evidence 

The Lessor has the burden of proof, which means he has to provide detailed explain and provewhich of the alleged damages are due to normal wear and tear and which are due to excessive wear and tear. An expert report that estimates the damage costs without lists any justification, is sufficient not availabe In court proceedings, the lessor cannot simply name the expert entrusted with preparing the report as a witness, since the lessor is responsible for demonstrating the excessive use (Korbach District Court, judgment of July 27, 1999, case number 3 C 32/99).

The lessor fulfils his obligation to provide evidence, for example nicht, once he has more than two weeks after return of the vehicle Experts In addition, he must specifically instruct the contractor to determine any excessive wear and tear for the purpose of preserving evidence.

If the lessee wants to play it safe and independent opinion would like to obtain he should contact a specialist for leasing returns, who can, among other things, even take care of returning the car to the leasing company.

Lessee must confirm return protocol

The lessor must compensate for excessive Wear and tear in you Return protocol record, supplement with photographs in case of doubt and be submitted by the lessee to confirm (LG Frankfurt, judgment of 25.07.1988, Az. 2/24 S 354/86). If a residual value settlement is agreed in the contract, the Billing clause be checked, because such contract arrangements can ineffective Furthermore, the lessor is not entitled to VAT on any reduced value.

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