Document Water Damage: Rent Reduction in Germany
A water damage in your apartment is always stressful for tenants. In Germany, you should document the damage quickly, objectively and systematically so that deadlines are met and claims such as rent reduction or damages can be enforced. Photographs with date, short video clips and a complete damage description help secure evidence. Also record witnesses, the time of discovery and all communication with the landlord. You will also learn how to set deadlines, when an expert opinion is useful and how to formally announce a rent reduction.
What to document immediately
Start with clear photos and short videos of affected areas (ceiling, walls, floor, furniture). Also record damaged items and, if applicable, measurements such as humidity.
- Photos of ceilings, walls, floors and affected furniture
- Date and time of each recording
- Short videos to show the extent of the damage
- Collect invoices, cost estimates and contractor reports
- Note witnesses with names and contact details
How to take photos correctly
If possible, use a camera with date/time stamp or save photos in a folder with clear file names. Photograph details and overview shots, take comparison photos before and after measures and use a scale (ruler, tape measure) when relevant.
Deadlines, reporting and formalities
Notify the landlord in writing immediately about the damage and set a reasonable deadline for remediation. Document telephone reports immediately by email or letter as well. If you want to claim a rent reduction due to the defect, announce the rent reduction in writing and explain it factually.
- Written defect notice to the landlord with deadline
- Set deadlines and document responses
- Announce the rent reduction clearly and factually
If the landlord does not respond
If there is no response or the damage is not repaired, you can claim a rent reduction or have repairs carried out at the landlord's expense, provided the conditions are met. In case of dispute, the local court (Amtsgericht) is responsible; if necessary, the legal process can proceed to higher instances.
Courts, laws and forms
Relevant statutory bases are §§ 535 et seq. of the BGB on tenant obligations and defects, as well as the procedural rules of the ZPO in lawsuits. If you go to court, submit your documentation, photos and receipts. Some local courts expect a short written submission or complaint form; check with the court clerk in advance.[1][2][3]
Frequently Asked Questions
- When can I reduce the rent?
- You may reduce rent if the apartment has a defect that significantly impairs its usability. The amount depends on the severity and duration of the defect.
- How do I document water damage with photos correctly?
- Take close-up and wide-angle shots, note date/time, save photos unchanged and add descriptions and witness details.
- Who do I contact if the landlord does not respond?
- Contact the competent local court for tenancy disputes; out-of-court mediation may help beforehand.
How-To
- Photograph and briefly film the damage immediately
- Note the date and time of all recordings
- Inform the landlord in writing and set a deadline
- Collect contractor invoices and expert reports
- Contact legal advice or tenant support if needed
- If necessary, file a claim at the local court
Help and Support / Resources
- Bürgerliches Gesetzbuch: §536 BGB
- Information on courts and jurisdictions
- Federal Ministry of Justice and Consumer Protection
