You might be wondering…

• “If someone borrows my property and damages it, do I just have to accept it?”

• “Can the lender demand the item back earlier than agreed?”

• “Do I have to pay for repairs if the damage was accidental?”

Clients often ask me…

• “I lent my neighbour a lawn mower, and it broke — who pays for it?”

• “If the lender suddenly wants the item back, can I refuse?”

• “How can I prove that I returned it in the same condition?”

Legal explanation (Civil Code, Sections 2193–2196)

The lender has the right to:

• demand the return of the item after the agreed period,

• demand immediate return if:

  • the borrower uses the item contrary to the agreement,

  • there is a risk of damage or destruction, or

  • the borrower gave it to another person without consent,

• inspect whether the item is being used properly,

• and claim compensation if the item is damaged.

The borrower is obliged to:

• use the item only for the agreed purpose,

• handle it carefully and return it undamaged,

• not allow others to use it without consent,

• notify the lender of any defects discovered,

• and compensate for any damage caused by use or negligence.

👉 If the item is damaged by normal wear and tear or by a defect that appears on its own, the borrower does not owe compensation.

Biggest risks and common mistakes

• Unclear purpose of the loan – without defining its purpose, it’s hard to prove misuse.

• Verbal agreements – nearly impossible to prove in case of damage or dispute.

• Lending to third parties – without the lender’s consent it’s a breach of contract and grounds for early termination.

Step-by-step guide

1️⃣ If you are the lender

• Have a written loan-for-use agreement – even a simple one stating purpose and duration.

• Record the condition of the item at handover (photo or note).

• If you find misuse, you can demand immediate return.

2️⃣ If you are the borrower

• Using the item for any other purpose = breach of contract.

• Report any defect immediately.

• Upon return, get written confirmation from the lender.

Real-life example

A client lent his neighbour a concrete mixer. The neighbour used it on another site, lent it to others, and the machine broke.
The court ruled that the borrower used the item contrary to the agreement and was therefore fully liable for the damage and repair costs.

Why verbal agreements aren’t enough

“I told him over the phone” — the most common phrase I hear when it’s already too late.
Without written proof (contract, email, text message), it’s almost impossible to prove who is responsible.

Lawyer’s recommendation

Even between friends, the rule applies: trust, but put it in writing.
A simple written loan agreement saves disputes and protects both sides.

Checklist:

• Is it clear who is lending and what is lent?

• Is the purpose, duration, and use defined?

• Is the condition of the item recorded at handover and return?

FAQ

Can the lender demand the item back earlier than agreed?
Yes, if there is a risk of damage, misuse, or if it was lent to another person without consent.

What if the item is damaged by normal wear and tear?
The borrower is not liable – that’s the lender’s risk.

Can the borrower refuse to return it until they’re “done using it”?
No, once the loan period ends, the item must be returned without delay.