Check Coverage for Tenants in Germany
As a tenant in Germany, a natural hazard damage from flooding, heavy rain, backflow or landslide can suddenly make living space uninhabitable. This article explains step by step how to check your insurance coverage, which obligations landlords and tenants have and which official forms or deadlines matter. We name relevant laws, show practical examples for documenting damage and explain how to properly submit a claim to household or personal liability insurers. The goal is to give you concrete actions so you can assess claims, minimize costs and keep deadlines in view. In case of legal disputes we name the competent courts and the applicable legal bases. Read on for a checklist, template texts and guidance on what evidence matters.
What to do after natural hazard damage?
First check whether your household or private liability insurance covers natural hazard damage and which exclusions apply. Many policies in Germany only include natural hazard damage if an additional natural hazard or elementar risk coverage was agreed. Inform your landlord immediately about damage to the living space; the maintenance obligation under § 535 BGB is relevant.[1]
Who pays what?
- Landlord: Repair (repair) of building defects is generally the landlord's duty unless misuse is proven.
- Tenant: Household insurance covers furniture and personal items if natural hazard coverage is included; report damage in writing and on time (form).
- Documentation: Photos, photos (photo) and inventory lists help with the claim and later evidentiary questions.
Note the date and time, keep damaged items for possible inspection, and collect invoices for cleanup and repair costs. If damage affects habitability, consider possibilities for rent reduction under the BGB rules.[1]
Forms and official steps
There is no single federal form for every damage report, but the rules of civil procedure are decisive for judicial steps and the payment procedure.[2] For an eviction lawsuit or civil dispute, file the claim at the competent local court (Amtsgericht); appeals go to the regional court (Landgericht) and the Federal Court of Justice is the highest instance.[3]
FAQ
- Does my household insurance cover natural hazard damage?
- Only if your policy contains a natural hazard or elementar risk clause. Check your insurance terms carefully and ask the insurer about the exact scope.
- Who is liable for damage to the dwelling?
- Structural damage is usually the landlord's responsibility; for damage to movable items the tenant's household insurance is liable if included.
- Which deadlines do I need to observe?
- Report damage immediately to your landlord and insurer. For legal action, the deadlines of the civil procedure code apply to filing claims and service.[2]
How-To
- Document the damage immediately: secure photos (photo), date and time.
- Inform the landlord in writing and report the damage (form) with a short description and location.
- Contact your insurer: provide the policy number and announce the initial claim report (call).
- Collect invoices and receipts (receipt) for cleanup, repair and accommodation costs.
- In case of dispute: file a claim at the competent local court (court) or seek legal assistance.
Help and Support
- Bürgerliches Gesetzbuch (BGB) - § 535 Mietvertrag
- Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH) - Decisions