Truck lease terminated: how lessors and banks recover the vehicle lawfully under German law, which deadlines apply and which costs the lessee bears.
When the instalments stop, a leasing company or bank mainly needs one thing: its vehicle back. That has to happen quickly and on a sound legal footing, and without the truck losing value unnecessarily. This guide walks through the process from the financier's point of view, from termination and recovery through to remarketing. It also covers the deadlines that apply and the costs you can claim back from the lessee. It is based on German law.
Germany's Federal Court of Justice (Bundesgerichtshof, BGH) applies tenancy law first and foremost to finance leases (judgment of 08.11.1989, case no. VIII ZR 1/89). Termination and return are therefore governed by sections 543 and 546 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
A bank loan secured by a transfer of ownership (Sicherungsübereignung) works differently. The bank becomes owner under sections 929 and 930 BGB, while the borrower keeps possession. When and how the bank may demand the vehicle and sell it is set out mainly in the security agreement.
Under section 543 (2) sentence 1 no. 3 BGB, there is good cause for termination without notice in two cases:
No prior warning is required in these cases (section 543 (3) sentence 2 no. 3 BGB). Termination is excluded, however, if the arrears are paid beforehand. It becomes ineffective if the lessee was entitled to set off and does so without delay after the termination.
If the lessee is a consumer, the additional requirements of section 498 BGB apply via section 506 BGB. They include a minimum level of arrears and an unsuccessful two-week payment deadline with a warning of termination. In truck leasing that affects only exceptional cases.
If the lessee has already filed for insolvency, a bar on termination applies under section 112 of the German Insolvency Code (Insolvenzordnung, InsO). More on that in our guide to lessee insolvency.
The claim for return arises when the contract ends. Section 546 (1) BGB obliges the lessee to return the leased item once the lease has ended. Under subsection 2, the claim also applies against a third party to whom the lessee has handed over the vehicle. In addition, the lessor as owner can demand the vehicle under section 985 BGB.
Demand the return in writing, with a deadline and a specific handover location. That gives you a clear basis for everything that follows.
The right to have the vehicle returned does not allow you to take it against the possessor's will. Anyone who deprives the possessor of possession without their consent acts unlawfully under section 858 BGB (unlawful interference with possession, verbotene Eigenmacht). That still applies after a valid termination.
A clause in the contract does not reliably change this. The Higher Regional Court (Oberlandesgericht, OLG) of Frankfurt held clauses invalid that allowed a lessor to collect a vehicle without the lessee's cooperation (judgment of 26.05.2023, case no. 2 U 165/21). The BGH struck down a clause allowing a rented battery to be switched off remotely, under section 307 BGB (judgment of 26.10.2022, case no. XII ZR 89/21).
In practice, that means a repossession either succeeds by agreement or goes through the courts.
Whether by agreement or with a court order, the appointment itself decides what condition the vehicle arrives in and how well you can prove that condition later. These points belong on the list:
Whether the lessee bears the costs of repossession depends mainly on the contract. The OLG Brandenburg awarded a lessor the costs that arose in connection with securing the vehicle (judgment of 11.01.2023, case no. 4 U 42/22). The basis was a clause requiring the lessee to return the vehicle at their own expense.
The same judgment also draws a line. The lessee did not have to pay an auction house's consignment fees, seller's commission and data capture charges. Handing the entire process over to a third party, the court said, breached the duty to mitigate loss under section 254 BGB. So document every cost item and keep it in proportion to the value of the vehicle.
truckoo handles repossession, storage and remarketing for leasing companies and banks. Every vehicle goes into a blind auction with sealed bids over a fixed period, with 1,500+ vetted dealers and exporters from 35+ countries. You see every bid and decide whether to accept or decline. Find out more on our repossession and remarketing page.
Not against the lessee's will. Taking possession without the possessor's consent is unlawful interference under section 858 BGB, even after a valid termination. The options are a handover by agreement, an action for return or an interim injunction.
Under section 543 (2) sentence 1 no. 3 BGB, when the lessee is in default on two consecutive instalments. Or when the arrears over more than two due dates add up to two monthly instalments. No warning is required.
That is primarily a matter for the lease agreement. The OLG Brandenburg made the lessee pay the repossession costs, but not an auction house's fees (case no. 4 U 42/22).
The bar on termination under section 112 InsO applies: the lessor can no longer terminate for arrears that arose before the filing. In addition, the insolvency court can order that the vehicle stays in use if it is of considerable importance for continuing the business (section 21 (2) sentence 1 no. 5 InsO).
This guide provides an overview and is not a substitute for legal advice on an individual case.
Repossession and remarketing · Remarketing after termination · Lessee insolvency · Storing repossessed trucks · Vehicle abroad · Residual value for lessors
Gabriel Böhm is Managing Director of truckoo GmbH, the digital platform that is redefining commercial vehicle trade in Europe. With a passion for innovation and efficiency, he shapes the strategic direction and drives operational excellence to connect sellers and buyers smarter, faster and more transparently.
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