Tenant has a claim against former landlord for passing on the cash deposit

In its ruling of 12 April 2021 (Matter 13 S 106/20), the Duisburg Regional Court confirmed that if the tenant has provided a cash deposit and the rented property is subsequently sold to a third party, the tenant can demand that the former landlord pass on the deposit to the purchaser. The previous decision of the local court dismissed the action on the grounds that the plaintiff did not have the right to sue. Pursuant to the local court, the tenant was not entitled to a claim for the transfer of the deposit under any legal aspect. In the opinion of the Duisburg Regional Court, however, the tenant still has a legitimate interest in being able to assert the claim for passing on the deposit against the former landlord in his own name, even after § 566a sentence 2 BGB came into force.