Damage Report for Students: Tenant Rights in Germany

Students often live on tight budgets and have little time for lengthy legal questions. When damage occurs in the apartment, it can quickly feel overwhelming. This guide explains in plain language how to file a formal damage report to the landlord in Germany, which information and evidence are important, and how to meet deadlines ^[1]. I show concrete wording, which photos and documents should be collected and how to react to repair delays or suspected breaches of the landlord's duties. At the end I explain which courts are responsible and where to find official forms. These tips are tailored specifically to students.

Document the damage and secure evidence

Good documentation is the foundation of any successful damage report. Collect date, full descriptions and evidence before contacting the landlord.

• Note the date and time of the damage.
• Take photos from different angles and short videos.
• Name witnesses in writing and record contact details.
• Collect invoices, receipts and earlier condition documents.

Damage report: templates and wording

A written report should be clear, concise and complete. State date, location, damage description, desired remedy and set a reasonable deadline for repair.

Short template: I hereby inform you of the following defect in my apartment, Sample Street 1, 12345 City: (short description). Please remedy the defect by DD.MM.YYYY. I request written confirmation and notification of the planned repair date.

Forms and legal basis

There is no nationwide mandatory "damage report" form, but for court actions the rules of the Code of Civil Procedure and the provisions of the BGB are decisive ^[1][2]. Use the written notice as the first formal step and archive evidence.

• If the landlord does not respond: set a deadline for performance and announce possible rent reductions.
• For lawsuits, the local court (Amtsgericht) is usually responsible; inform yourself about the claim procedure under the ZPO ^[2].
• Special rules apply to operating costs disputes, such as the Operating Costs Ordinance ^[4].

What to do if repairs are not performed?

If the landlord delays necessary repairs, there are several options: remind in writing, set a deadline, take measures yourself in case of imminent danger (after notice), or consider rent reduction. In severe cases, litigation may be necessary; the local court is generally responsible ^[2].

• Send a renewed written reminder with a deadline.
• Contact authorities immediately if there is a health hazard.
• Be cautious with rent reduction: documentation and legal advice are important.

FAQ

When must I inform the landlord about a defect?

Immediately, preferably in writing with date, description and photos as evidence. A quick report preserves rights in later disputes.

Can I reduce the rent if nothing happens?

Under certain conditions yes; the amount depends on the extent of the impairment and the statutory rules in the BGB ^[1].

Which court handles tenancy disputes?

Generally the local court (Amtsgericht) at the location of the rental property; higher instances are the regional court and the Federal Court of Justice (BGH) for fundamental legal issues ^[2][3].

How-To

1. Report the damage immediately in writing with date and send it to the landlord.
2. Secure photos and videos with date stamps.
3. Set a reasonable deadline for repair (e.g., 14 days) and announce further steps.
4. Collect all receipts and document phone calls in writing.
5. If there is no response: seek legal advice and prepare a claim at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Bundesgerichtshof (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de
4. [4] Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de