Document Water Damage: Tenants in Germany

As a tenant in Germany, you often face the challenge of documenting water damage quickly, factually and in a legally secure way. Clearly documented damage helps when talking to the landlord, with a possible rent reduction and in court. In this guide you will learn which typical mistakes tenants make with photos, defect reports and deadlines, how to systematically collect evidence and which official legal bases and forms are relevant. The language is easy to understand, practical and aligned with German responsibilities so that you can better understand obligations, deadlines and proof requirements and avoid mistakes. We also show how to meet deadlines, which photos and measurements are particularly meaningful and how to formulate written defect notices correctly.

What tenants should know about water damage

When water enters the apartment, a deadline for reporting defects begins. Landlords must maintain the rented property in a contractual condition (§ 535 BGB)^[1]. Mistakes often occur when tenants only report damages orally, store photos unsystematically or do not document measurements (moisture, temperature).

Typical mistakes

• Reporting damage only orally instead of in writing and without confirmation of receipt.
• Photos without a scale, date or series of detail and overall shots.
• Waiting too long to report or repair and missing deadlines.
• Carrying out repairs on your own without agreement, which can obscure evidence.
• Discarding damaged items immediately instead of keeping them.

Note time, date, place and witnesses of each communication. Send the defect report by e-mail and by registered mail or hand it over personally against a confirmation of receipt. Keep all invoices, cost estimates and offers so that the sequence of damage can be reconstructed.

Frequently Asked Questions

Can I reduce my rent because of water damage?

Yes, for significant impairments a rent reduction is possible; the amount depends on the extent of the impairment and the case law.

Who is responsible if a landlord does not respond?

For civil disputes, the local court (Amtsgericht) is usually responsible in the first instance; the rules of the Code of Civil Procedure (ZPO) apply to proceedings^[2][3].

Which pieces of evidence are most important?

Date-stamped photos, measurement protocols, written defect reports, witness statements and invoices are central.

How-To

1. Act immediately: report the damage in writing to the landlord without delay and set a deadline.
2. Photograph and film the damage from different perspectives with dates.
3. Record measurement values (moisture, temperature) and create a written protocol.
4. Request written confirmation from the landlord and keep all messages.
5. If necessary, obtain an independent damage assessment or cost estimate.
6. If the landlord does not respond, consider legal action before the local court and contact a legal advice center.

Help and Support

• § 535 BGB – Landlord obligations (gesetze-im-internet.de)
• Federal Ministry of Justice and Consumer Protection (bmj.de)
• Federal Court of Justice – Information (bundesgerichtshof.de)

1. [1] BGB §535 – Landlord obligations (gesetze-im-internet.de)
2. [2] ZPO – Code of Civil Procedure (gesetze-im-internet.de)
3. [3] Federal Court of Justice – Jurisdiction and case law (bundesgerichtshof.de)
4. [4] Justice Portal NRW – Sample forms and guidance (justiz.nrw.de)