Elemental Damage Insurance 2025 – Tenants in Germany

Tenants in Germany should know how to insure elemental damage (storm, flooding, heavy rain, landslide, snow pressure) for 2025 and what rights and obligations follow. This text explains in plain language when household or liability insurance applies, what obligations exist toward the landlord and insurers, and which deadlines must be observed. We cite official regulations, necessary forms for damage reporting, practical examples for form guidance and explain when a court has jurisdiction. The goal is that as a tenant you can make quick, appropriate decisions and know which evidence, deadlines and authorities are needed.

Which insurances affect tenants?

For tenants, two insurances are particularly relevant: household insurance for movable items in the apartment and liability insurance for damages caused to third parties. Elemental damage is often offered as an add-on to household insurance; therefore check your policy carefully. For damages caused by structural defects or omitted safeguards, landlord liability issues may play a role.

Practical distinction

• Household insurance covers furniture, clothing and personal items in the event of elemental events.
• Liability insurance protects you if your behavior damages third parties (e.g. overflowing aquarium causes water damage).
• Many policies require a separate supplement for elemental protection; read the contract terms.

Rights and obligations under tenancy law

The landlord is responsible for maintaining the rented property under tenancy law; defects must be remedied. Tenants must report damages and give the landlord an opportunity to remedy them. Legal bases can be found in the Civil Code (§§ 535–580a)^[1]. If a tenant wants to reduce the rent because of a defect, the BGB provisions and relevant case law apply.

Deadlines and forms

Timely written defect notification is in many cases a prerequisite for asserting claims. For terminations, the law requires written form (§ 568 BGB)^[1]. There is no uniform official form for a defect notification, but written documentation with date, damage description and photos is crucial.

• Damage notification to landlord and insurer: as soon as possible, document within a few days.
• Termination (if necessary): written and signed according to § 568 BGB.
• Evidence: collect photos, location description, witness contacts and estimates.

Practical procedure after an elemental damage

Act systematically: secure life and health, document the damage, inform landlord and insurer in writing, and collect repair quotes. In case of disputes about liability or compensation amount, the competent local court (Amtsgericht) can decide; appeals go to the Landgericht and Federal Court (BGH)^[2][3].

Concrete steps (short)

• Immediately take photos and videos and note the date.
• Send a written defect report to the landlord with a deadline.
• Report the damage to household insurance with a list of damaged items.
• If disputed, submit documentation and, if necessary, file a lawsuit at the local court.

Frequently Asked Questions

Does a normal household insurance cover flood damage?

Not always; many standard tariffs exclude elemental damage or require a specific add-on. Check your policy and ask the insurer.

Who pays if water enters through defective gutters?

This can involve both landlord and tenant responsibility; often the landlord is responsible for building maintenance, but individual case reviews are necessary.

When is the local court competent?

The local court is generally competent for tenancy disputes in the first instance; higher instances are the regional court and the Federal Court of Justice.

How-To

1. Eliminate danger and call emergency services if necessary.
2. Take photos and create a written list of damages.
3. Send written notification to landlord and insurer and obtain confirmation of receipt.
4. Obtain cost estimates and secure offers.
5. If disputed, collect evidence in writing and, if necessary, prepare a lawsuit at the local court.

Key Takeaways

• Check your policy early to see if elemental protection is included.
• Strictly adhere to damage reporting and deadlines.
• Organize evidence and communication for possible court steps.

Help and Support

• BGB §§535–580a — Civil Code (gesetze-im-internet.de)
• Information on courts — Justice (justiz.de)
• Federal Court of Justice (BGH) — Decisions (bundesgerichtshof.de)
• Code of Civil Procedure (ZPO) — Rules (gesetze-im-internet.de)

1. [1] BGB §§535–580a — Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] ZPO — Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Bundesgerichtshof — Decisions (bundesgerichtshof.de)
4. [4] Justice Portal — Information on courts (justiz.de)