Damage Report for Tenants in Germany - Shared Flat

As a tenant in a shared flat in Germany, a sudden damage can quickly cause uncertainty. This guide explains clearly and practically how to report damages correctly, which deadlines apply and what duties landlords and tenants have under the BGB.^[1] You will learn which evidence is useful: photos, timestamps and witnesses, and how to create a written damage report. I also describe which official forms and which courts are responsible if a dispute arises.^[2] The goal is that shared-flat residents know their rights, settle damages promptly and avoid unnecessary conflicts. I provide concrete wording suggestions and examples.

What is a damage report?

A damage report informs the landlord in writing about damage in the rented apartment and usually requests repair or remediation. The landlord's duty to maintain the property is based on the BGB.^[1]

First steps in the shared flat

• Observe deadlines: Report the damage without delay, ideally within a few days.
• Secure evidence: Document photos, date, description and any witness names.
• Written report: Send a written damage report to the landlord and keep a copy.
• Emergency measures: In case of danger, stop use immediately or arrange a temporary fix.

If the landlord does not respond, it can be useful to set deadlines in writing and announce substitute measures. In some cases, the local court is responsible, for example for eviction lawsuits or formal disputes.^[2]

Forms and templates

There is no uniform nationwide form for every damage report, but template texts for termination or filing a lawsuit can be found at official sources. Court proceedings are governed by the rules of the ZPO.^[3]

FAQ

How do I report a damage correctly?

Write a short, factual damage report with date, location, description and demand for repair; attach photos.

Which deadlines must I observe?

Report damages without delay; statutory deadlines for terminations and lawsuits follow the rules of the BGB and ZPO.

Who pays the costs?

In principle, the landlord must remedy defects; if a tenant pays for a repair, reimbursement may be possible if the landlord was informed in advance.

How-To

1. Note date, time and cause of the damage and take photos.
2. Write a formal damage report and deliver or send it by registered mail.
3. Set a reasonable deadline for remedy (e.g., 14 days) and announce further steps.
4. If there is no response, consider legal action before 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) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de