Damage Report for Tenants in Germany: Sample

As a tenant in Germany, a fast and correct damage report can mean the difference between paid repairs, costs covered by liability or household insurance, and lengthy disputes. This guide explains in plain language how to document damage to the apartment or furniture, which deadlines and proofs are important, how to check coverage and when to send a written report to the landlord, property manager and insurer. With practical sample letters, concrete examples and notes on relevant laws such as the BGB, you save time and protect your rights. The steps are practice-oriented and explained for non-lawyers so you can act confidently when water, fire or burglary damage occurs. Examples show wording for reporting damage, claiming compensation and contacting insurers.

What is a damage report?

A damage report is the written notification of a specific damage in the apartment or to property, addressed to the landlord, property manager and, if applicable, the insurer. The aim is to meet deadlines, secure evidence and clarify liability. For tenancy claims, the statutory provisions in the German Civil Code (BGB) are relevant.^[1]

First steps: What to do immediately

• Observe deadlines (deadline: report the damage to landlord and insurer within a few days).
• Secure evidence (evidence: photos, videos, date, witnesses and receipts).
• Contact the insurer (contact: check liability or household insurance for coverage and report the damage in writing).
• Document immediate measures (repair: temporary measures such as sealing or drying should be photographed and receipts kept).
• Send written damage report (notice: by registered mail or email with delivery confirmation to landlord and manager).
• Consider legal steps (court: if there is a dispute, a lawsuit before the local court may follow; find out about the procedure).

What to include in the written damage report

A clear damage report should include: date, exact description of the damage, location, extent, photos, an initial cost estimate, note of any measures taken (e.g. provisional repair) and a request for confirmation of receipt. Also state whether you informed your insurer and which policy (liability/household) applies.

Forms and sample letters

There is no single nationwide official form for a tenant's damage report. For court actions such as an eviction claim or general lawsuit, use the forms and instructions under the Code of Civil Procedure (ZPO) at the competent local court.^[2] For insurer notifications many tenants use a short sample letter with date, facts and request for reimbursement; a sample text is provided above.

Practical sample letter (short)

Dear [Landlord],
I hereby report damage in the apartment [address] detected on [date]. Affected are [item/wall/ceiling], see photos and cost estimate. Please confirm receipt of this report and let me know whether you will arrange repair or intend reimbursement. I have also informed my insurer. Sincerely, [Name].

FAQ

Who pays repair costs after water damage?

Generally, the liability insurer of the party at fault or your household/liability insurance will check coverage; between tenant and landlord it depends on fault and cause.

What deadlines apply for damage reports?

Report visible damage as soon as possible; legal claims are subject to deadlines from the BGB and possibly statute of limitations.

What if the landlord does not respond?

Document contact attempts, inform your insurer and consider legal action at the local court.

How-To

1. Step 1: Document the damage immediately and note the date; document within the first 48 hours.
2. Step 2: Inform the insurer by phone and then in writing; provide policy number and description.
3. Step 3: Send a written report to the landlord by registered mail or email with confirmation.
4. Step 4: Collect estimates and invoices and send copies to insurer and landlord; keep originals.
5. Step 5: If necessary, present documents to the local court and use complaint forms.

Key Takeaways

• Act quickly: document and report damage immediately.
• Secure evidence: photos, receipts and witness statements matter.
• Inform insurer and landlord in writing and keep confirmations.

Help and Support / Resources

• Legal text: German Civil Code (BGB §§ 535–580a) at Gesetze im Internet.
• ZPO information and court procedures at Gesetze im Internet.
• Federal Court (BGH) decisions and information at bundesgerichtshof.de.

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Decisions and Information