Documenting Water Damage: Tenant Rights in Germany

As a tenant in Germany, it is important to thoroughly document water damage so you can assert your rights against the landlord. This text explains step by step which photos, videos and written proofs you should collect, how to inform the landlord and which deadlines to observe. You will learn when a rent reduction is possible, how to claim damages and which courts are responsible for disputes. The information is based on the relevant provisions of the BGB^[1] and shows practical examples of defect notices and necessary forms. At the end you will find references to official contact points and a clear procedure so you can act quickly and with legal certainty.

What to document?

• Photos of ceiling, walls, floor and affected furniture from several angles and with date.
• Videos showing dripping points and running water, ideally with a timestamp.
• Date and time log: when the damage was discovered, when the landlord was informed and when tradespeople visited.
• Receipts for incurred costs (replacement purchases, drying, tradesmen invoices).
• Written defect notice to the landlord, preferably by registered mail or email with read receipt.
• Note witnesses or flatmates who observed the damage.

How to report the damage

Inform the landlord immediately in writing and request confirmation. If tradespeople are needed at short notice, document estimates and invoices. Use a clear defect notice and specify deadlines for remediation; for court proceedings there are forms and guidance at the Federal Ministry of Justice and Consumer Protection.^[4]

• Immediately: inform the landlord by phone, then follow up in writing.
• Send a defect notice and set a deadline for remedy (e.g. 14 days).
• If there are acute hazards, hire a tradesperson and keep invoices.
• Keep all landlord responses and make copies if needed.

Rights: Rent reduction, damages and courts

The basics of landlord and tenant duties are found in sections 535–580a of the BGB.^[1] Court procedures are governed by the Code of Civil Procedure (ZPO).^[2] Rental disputes are usually heard at the local court (Amtsgericht); higher instances and significant precedents can be found at the Federal Court of Justice (BGH).^[3]

• Rent reduction is possible if usability is significantly impaired; the amount depends on scope and duration of the defect.
• Damages may be claimed for destroyed items or additional costs if the landlord is responsible for the defect.
• For unresolved disputes, contact the local court (Amtsgericht) or seek higher court clarification as needed.

FAQ

How quickly must I inform the landlord?

As soon as you notice the damage, inform the landlord immediately in writing; in case of imminent danger, also call immediately.

Can I reduce the rent before the landlord responds?

You should first report the defect and give the landlord a reasonable deadline to remedy it; afterwards a rent reduction may be considered.

Who pays for drying and repairs?

If the landlord is responsible for the cause of the damage, they generally bear the costs; in cases of intent or gross negligence by a third party, other claims may apply.

How-To

1. Step 1: Immediately take photos and short videos of the damage.
2. Step 2: Record date and time and name any witnesses.
3. Step 3: Send a defect notice to the landlord and set a deadline.
4. Step 4: Hire a professional if necessary and keep invoices.
5. Step 5: Check whether rent reduction or damages can be claimed; have documents ready.
6. Step 6: If disagreements persist, contact the local court or seek legal advice.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Bundesgerichtshof (BGH)
• Federal Ministry of Justice and Consumer Protection — bmj.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Decisions and information — bundesgerichtshof.de
4. [4] Forms and guidance — bmj.de