Damage Report for Tenants in Shared Flats, Germany

As a tenant in a shared flat you may wonder how to report damage correctly and what role tenancy law, liability or household insurance plays. This guide explains step by step which information to collect, how to document photos and receipts, which deadlines apply in Germany and when an informal or written notice is appropriate. You will get practical wording examples, advice for communicating with the landlord and tips on when a court or the local court (Amtsgericht) may need to be involved. We also show which official forms and proofs are relevant, how to check your liability and household policies, and which provisions of the BGB are central so you stay confident in talks with landlord or insurer.

What is a damage report?

A damage report is the formal notification to the landlord or an insurer that damage has occurred in the rented premises. Landlord duties and liability for defects are governed by the German Civil Code (BGB) §§535–536 et seq.^[1]

• Photos with date and location
• Detailed description of the damage
• Witness or flatmate statements
• Information about affected items or rooms
• Details on liability or household insurance

Deadlines and evidence

Report visible damage in writing to the landlord as soon as possible and preserve evidence. Some claims become harder to enforce if deadlines pass; the local court (Amtsgericht) is generally responsible for first-instance cases.^[3]

• Report damage immediately by email and additionally by letter
• Document date and time of the incident
• Take photos from multiple angles
• Collect receipts for follow-up costs (invoices, quotes)

Forms and official proofs

For court actions or formal claims certain procedural rules of the Code of Civil Procedure (ZPO) apply; the written complaint under ZPO §253 or filing a claim must follow the court's rules.^[2] There is often no unified state "damage report form", but sample letters help to name deadlines and claims clearly.

• Complaint form (written claim under ZPO §253) – when no agreement is possible
• Payment order / dunning procedure (for outstanding claims)
• Proof of notification for insurers (claim number, correspondence)

Frequently Asked Questions

How quickly must I as a tenant report damage?

As soon as possible: inform the landlord in writing within a few days, document evidence and secure witness statements.

Do I have to inform the landlord in writing?

Yes. Written notifications (email or letter) provide proof. Keep copies and read receipts.

Do liability or household insurances cover damages in a shared flat?

It depends on the policy: liability insurance usually covers liability claims, household insurance covers personal belongings. Check your terms and report the damage promptly.

How-To

1. Take photos and videos of the damage and secure them.
2. Notify the landlord in writing and set a deadline for repair.
3. Collect receipts: invoices, quotes, witness statements.
4. Inform your insurer and note the claim number.
5. If no agreement is reached, consider legal action and filing a complaint at the local court.
6. Keep documentation of all steps and send copies to involved parties.

Key Takeaways

• Document immediately: photos, date and witnesses matter most.
• Always send written notifications to create proof.
• Check insurance terms and consider court action if needed.

Help and Support / Resources

• Civil Code (BGB) §§535 ff. – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Case law on tenancy

1. [1] Civil Code (BGB) §§535 ff. – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Local court (Amtsgericht) – Local courts