Bicycle Theft in Shared Flats: Tenant Rights Germany
What to do after bicycle theft in a shared flat?
First: stay calm and act quickly. Report the theft to the police and obtain a report; this is a prerequisite for many insurance benefits and for later claims. [2] Check your contracts in parallel: household insurance usually covers theft of items inside the home; external theft is often only included if a special external coverage is agreed. Private liability insurance does not cover loss of your own bicycle, but can be relevant if you are held responsible for damage to third parties.
In shared flats it is often unclear who is responsible for communal storage areas: the landlord under § 535 BGB is generally obliged to hand over and maintain the rental property in a condition suitable for contractual use; from this, duties to secure communal areas may arise, especially if obvious safety defects exist.[1] In disputes the local courts (Amtsgerichte) usually decide; higher issues can go up to the Federal Court of Justice (BGH). [3]
Prevention: How to reduce the risk
- Use a lock (lock): secure the bike with a high-quality lock to a fixed object.
- Document frame number and receipts (document): keep photos, proof of purchase and serial number.
- Check household insurance: add external coverage or specific bicycle protection if needed.
- Secure storage locations: verify locking or restricted access for cellar/bike rooms.
- Agree written rules in the shared flat: responsibilities and who is informed in case of theft.
FAQ
- Does household insurance cover the bike in a shared flat?
- It depends on the contract: household insurance typically covers items inside the home; external theft may require separate coverage. Check your policy and ask the insurer.
- Is the landlord responsible if the bike is stolen from the communal cellar?
- Only in certain circumstances: if the landlord demonstrably breached duties to protect communal areas, liability can arise. The local court usually decides individual cases.
- What immediate steps are necessary after the theft?
- File a police report, secure photos and the frame number, inform your insurer and notify flatmates and the landlord.
How-To
- File a police report: note all details and request a copy of the report.
- Secure evidence: collect photos, frame number, proof of purchase and witness statements.
- Contact your insurer: report the claim, have your policy number ready and submit required documents.
- Inform flatmates and landlord: clarify responsibilities and discuss preventative measures.
- Keep documentation: store correspondence, the copy of the police report and photos safely.
Key Takeaways
- Household policies vary; verify external coverage for bikes.
- Written shared-flat rules reduce uncertainty over responsibilities.
Help and Support / Resources
- BGB § 535 on gesetze-im-internet.de
- Police: information on filing a report at polizei.de
- Federal Court of Justice (BGH) decisions at bundesgerichtshof.de