Damage Reports: Documents & Deadlines for Tenants in Germany

As a tenant in Germany, a prompt and correct damage report is crucial to protect your rights and limit costs. This guide explains clearly which documents you should collect, which deadlines apply and which official forms are relevant for notifications, rent reduction or court action. You will find practical examples for a defect report to the landlord, tips on documentation (photos, witnesses, e-mail records) and a clear step-by-step guide on how to act within deadlines. The guidance refers to relevant legal provisions such as the BGB and procedural rules so that you as a tenant are better prepared if disputes or insurance claims arise. At the end you will find FAQs, a practical how-to for reporting damage and links to official laws and courts such as the local court or the Federal Court of Justice.

What is a damage report?

A damage report is the formal notification of damage to the landlord, property manager or relevant insurer. For tenants this means describing the defect or damage clearly, stating the time and place and requesting repair or compensation. The landlord's duties are based on the German Civil Code (BGB), for example regarding maintenance and remedying defects^[1]. If the landlord does not respond and you consider court action, the rules of the Code of Civil Procedure (ZPO) apply to lawsuits and deadlines^[2].

Which documents do tenants need?

• Written defect notice (Notice) with date, precise description and a deadline for repair.
• Photos and videos (Evidence) of the damage, with timestamps or explanatory captions.
• Documents and e-mails as proof of communication (Record), including delivery confirmations.
• Receipts for costs (e.g. repair quotes, invoices) for possible replacement performance or damages.
• Witness list with contact details (Contact) if neighbors or contractors can attest to the damage.

Important deadlines

Deadlines are crucial: report visible damage immediately in writing and give the landlord a reasonable deadline to remedy it. For safety-related damages (e.g. burst pipe, gas smell) you should act immediately and report the damage without delay.

• Defect notice: as soon as possible after discovery; set a concrete deadline (e.g. 14 days) for remedy.
• Deadline for rent reduction: only after giving a reasonable deadline and its unsuccessful expiry; document attempts to get a response.
• Insurance notification: check your liability and household insurance terms and report within the periods agreed there.

Forms and templates (when and how to use them)

There are official and recommended template texts you can adapt. Examples and purposes:

• Short letter to the landlord (defect notice): date, description, deadline; example: "Please remedy the water damage by DD.MM.YYYY".
• Template for filing a lawsuit (claim form under the ZPO): filed at the competent local court if out-of-court solutions fail^[3].
• Evidence checklist: a simple template to list photos, witnesses and invoices in an ordered way; useful in correspondence and in court.

Typical process for a major damage

First: document and immediately notify the landlord and, if applicable, the insurer. If necessary, inform the insurer and obtain cost estimates. If the landlord does not respond, set a final deadline and, if appropriate, announce rent reduction or replacement performance. As a last resort, a lawsuit at the local court may follow; the ZPO rules and official forms of the judiciary are relevant^[2][3]. In complex cases, Federal Court of Justice (BGH) decisions can provide important guidance^[4].

FAQ

How quickly must I report a damage?

Immediately after discovery; set a written deadline, e.g. 14 days, and document everything.

Can I reduce the rent if the landlord does not react?

Yes, after a reasonable deadline and where the habitability is substantially affected; document extent and duration carefully.

Where can I turn if there is a dispute?

The local court (Amtsgericht) is responsible for disputes; for precedents and legal questions consult BGH rulings.

How-To

1. Document the damage immediately: take photos/videos and note the date.
2. Send a written defect notice to the landlord and set a deadline (e.g. 14 days).
3. Collect evidence: invoices, quotes and witness contacts.
4. Inform your insurer and report the damage; check liability and household coverages.
5. If necessary, file a claim at the local court using the official forms.

Help and Support / Resources

• BGB §535: Duties of landlords
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH) – Decisions

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1. [1] Gesetze im Internet – BGB §535
2. [2] Gesetze im Internet – ZPO
3. [3] Justiz – Forms and information
4. [4] Federal Court of Justice – Case law