Damage Reports for Tenants in Germany

As a tenant in Germany, you will often face questions after water damage, burglary or fire: who pays, what deadlines apply and which insurance is responsible? This practical guide explains step by step how to create a proper damage report, which documents and photos are important, and when to involve liability or household insurance. We show concrete case examples, practical phrasing for the report and guidance on communicating with the landlord as well as the court route via the local court. The language remains clear, the tips are practical and budget-friendly so you as a tenant can enforce your rights in tenancy law in Germany without prior knowledge. At the end you will find a checklist, FAQ and a simple guide to submitting reports plus links to official forms.

What to do after a damage?

Report the damage immediately in writing to your landlord and your insurer. Refer to the landlord's maintenance obligations under BGB §535 ff.^[1] and note deadlines for repairs; if necessary, legal action under the Civil Procedure Code may be required (ZPO)^[2]. It is tactically sensible to provide a clear dated damage description with photos, witness statements and a cost estimate.

First steps

• Take photos of the damage (note date and time) and keep copies of all receipts.
• Send a written damage report to landlord and insurer; specify a clear deadline for response.
• Contact the insurer by phone and note the claim number.

Key deadlines and evidence

• Record deadlines in writing: e.g. response or repair start within 14 days.
• Watch allowable repair costs and obtain several estimates for significant damage.
• Keep receipts, invoices and photos organized; this evidence is decisive in court disputes.

FAQ

Who pays for the damage, landlord or insurance?

It depends on the cause: damage from building faults can be a landlord obligation; personal belongings are usually covered by household insurance; liability insurance applies for culpable acts.

Can I make repairs myself and reclaim costs from the landlord?

Minor emergency measures to prevent further damage are permitted; larger repairs should only be done with consent or after setting a deadline, otherwise reimbursement may be refused.

When is it necessary to go to the local court?

If landlord or insurer refuse legitimate claims and negotiations fail, you can file a lawsuit at the competent local court; the ZPO governs the procedure.

How-To

1. Document the damage in writing: describe date, place and cause briefly and send to landlord + insurer.
2. Collect photos and receipts and store them in a file; secure digital copies.
3. Contact the insurer, note the claim number and ask about deadlines.
4. Obtain cost estimates if needed and present them to the landlord for review.
5. If no agreement is reached, set deadlines and consider filing a claim at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
• Zivilprozessordnung (ZPO) - gesetze-im-internet.de
• Federal Ministry of Justice (BMJ) - forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Ministry of Justice (BMJ) — forms and service