Document Water Damage: Tenant Guide Germany

Many tenants in Germany are unsure how to collect evidence and meet deadlines after water damage so that claims against the landlord or insurer are enforceable. This guide explains step by step how to document damage factually, completely and in a court-proof manner, which immediate measures make sense, and which deadlines apply. It is aimed at tenants without legal expertise and lists relevant laws and official authorities so you can observe deadlines, use forms and, if necessary, resolve matters at the local court. Practical examples show how photos, logs and written defect notices work.

Why court-proof documentation matters

Court-proof documentation protects your rights as a tenant: it proves the extent and timing of the damage, shows you acted appropriately, and makes it easier to claim repair costs or rent reduction. The landlords maintenance duties are regulated in the German Civil Code (BGB) §§ 535 et seq.^[1] If deadlines are missed or evidence is missing, claims are hard to enforce.

Immediate actions after water damage

• Stop the water source or shut it off and, if necessary, disconnect power in affected rooms.
• Take photos and videos of all affected areas, save date and time in the file name.
• Send a written defect notice to the landlord or property manager and document receipt.
• Contact the property manager and your liability or household insurance to report the damage.

Collecting and organizing evidence

Collect different types of evidence: photos, videos, witness statements, invoices for temporary measures and a continuous log with date, time and description. Keep original invoices and estimates.

• Photo documentation: wide shots, close-ups of damage, a reference item (e.g. tape measure) for scale.
• Damage log: date, time, location, cause (if known) and measures taken.
• Invoices and estimates from tradespeople or drying companies.
• Witness contacts: names and short statements from neighbors or the caretaker.

Forms, deadlines and court steps

There is no nationwide standard form for a defect notice; the notice can be informal but should be documented in writing. For court claims, the Civil Procedure Code (ZPO) applies and local courts (Amtsgericht) are usually competent for tenancy disputes.^[2] For key legal questions and precedents, Federal Court of Justice case law is relevant.^[3]

Key takeaways

• Document promptly and systematically.
• Send a written defect notice and keep proof of dispatch.
• Inform your insurer early and clarify coverage.

FAQ

Who pays for repairs after water damage?

In principle the landlord, if the damage is due to a defect in the rented property; if a third party or the tenant is at fault, liability insurance may cover it.

Can I reduce rent if rooms are uninhabitable?

Yes, substantial impairments can justify a rent reduction. Documentation and timely defect notice are prerequisites.

How long do I have to report damage?

There is no uniform deadline, but prompt reporting protects your claims and is required by many insurance policies.

How-To

1. Act immediately: stop the water source and secure hazards.
2. Collect evidence: take photos, videos and create a damage log.
3. Send a written defect notice to the landlord and proof of dispatch.
4. Inform your insurer and obtain cost estimates.
5. If necessary: prepare court action and submit organized evidence to the local court.

Help and Support / Resources

• Gesetze im Internet: BGB collection
• Gesetze im Internet: ZPO
• Federal Court of Justice (BGH) case law

1. [1] Gesetze im Internet: BGB §§535 ff.
2. [2] Gesetze im Internet: ZPO
3. [3] Bundesgerichtshof: Case law