Damage Report for Tenants in Germany 2025

As a tenant, damage to the rental property can quickly create uncertainty. This guide explains step by step how to file a damage report correctly in Germany, which deadlines apply for reporting and documentation, and how liability or household insurance can support the settlement. You will learn which evidence is important, how to take photos and write a damage description, and when to send written notifications to the landlord. Practical examples from landlord-tenant practice help avoid common mistakes. At the end you will find a clear guide to submitting claims to insurers and notes on when court proceedings or the local court may be appropriate. This text is aimed at tenants without legal knowledge.

Damage report: What tenants in Germany need to know

When a burst pipe, fire or burglary causes damage, quick and structured action is important. Note date, time and cause of the damage, secure photos and create a short written description. Contact the landlord promptly and submit a formal damage report. In many cases, the Civil Code (BGB) applies with provisions on maintenance and compensation; in particular, check the provisions in §§ 535–580a^[1]. For court claims, the rules of the Code of Civil Procedure apply^[2].

Immediate steps after discovering damage

• Report the damage to the landlord immediately, preferably in writing and with a deadline.
• Take photos and videos of the damage and document date/time.
• Contact your liability or household insurance and ask about the next steps.
• Prevent further damage: carry out temporary protective measures and document them.

Formal points of a written damage report

A complete report should include: name and contact details, apartment address, date of damage, detailed damage description, photos, estimated extent of damage and a request for confirmation of receipt and prompt remediation. Request written feedback and set a reasonable deadline.

Rights, duties and evidence preservation

As a tenant you have duties to mitigate damage, and at the same time you have rights to repair and compensation. Document communications with the landlord and note phone agreements. If the landlord delays repairs, reporting to the insurer or filing a rent reduction notice may be useful. In unclear liability cases, check contracts and insurance terms and, if necessary, seek legal advice.

FAQ

Who pays the damage: landlord or tenant?

It depends on the cause and fault; the landlord must pay for defective maintenance, otherwise the liability of the person responsible or the tenant's household insurance may cover the damage.

How quickly must I report the damage?

Report damage immediately, ideally within 24–48 hours in writing to the landlord and your insurer.

When is the local court (Amtsgericht) competent?

Many tenancy disputes are within the jurisdiction of the local court; for higher claim values the regional court may follow.^[4]

How-To

1. Report the damage in writing immediately and document the dispatch.
2. Take photos, videos and a clear damage description including date and time.
3. Inform your liability or household insurance and describe the damage factually.
4. Keep all invoices, estimates and correspondence for settlement.
5. Carry out only necessary emergency measures to limit damage and document each action.
6. If an out-of-court solution is not possible, prepare documents for a lawsuit and observe the deadlines of the Code of Civil Procedure.

Help and Support

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

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Information on local courts (Amtsgerichte) — justiz.de