Elemental Damage: Fast & Affordable Help for Tenants, Germany
As a tenant in Germany, elemental damage such as floods, storms or severe building damage can be stressful. It is important to document damage immediately, inform the landlord in writing, and secure photos and dates. Check whether your household or liability insurance covers the damage and report the claim promptly in writing. In disputes about repairs, rent reduction or cost coverage, a clear deadline and collection of evidence help; if necessary, the local court may decide.[3] Keep all receipts, repair offers and correspondence. This article explains practical, budget-friendly steps, which forms and deadlines are relevant and how you as a tenant can assert your rights without unnecessary expense. Act early.
What to do in case of elemental damage?
First, approach the situation calmly and in a structured way. Landlord obligations and tenant rights are governed by the BGB; statutory foundations apply for defects.[1]
- Document damage immediately: take photos, videos, record date and time.
- Inform the landlord in writing: describe the damage, attach photos and set a deadline.
- Report the damage to insurers: notify household and, if applicable, liability insurers quickly and verifiably.
- Take immediate protective measures: turn off water, secure damaged areas, document emergency repairs.
- Set and observe deadlines: give the landlord a reasonable period to carry out repairs in writing.
Rights for defects and rent reduction
Under the rules of tenancy law in the BGB, tenants can reduce rent or demand remedy if usability is impaired.[1] Set a clear deadline for the landlord to correct the defect and specify the exact deficiencies. If the landlord does not act, you may assert a rent reduction or claim reimbursement of repair costs; keep all receipts.
Important forms and templates
In practice, the following standardized forms or clear written templates are useful:
- Damage report to household/liability insurer ("Schadensmeldung"): Use the insurer's form or create a written damage description with photos and date; example: "Damage report: water ingress on 12.06., photos attached."
- Written defect notice to the landlord: brief, factual description of the defect, requested deadline for remedy (e.g. 14 days) and request for confirmation of receipt.
- Complaint or template for court action (e.g. eviction or claim for cost coverage): where necessary, official forms and complaint templates are available at the competent local court.[2]
FAQ
- How quickly must I report the damage?
- Report damage immediately in writing to the landlord and the insurer, ideally on the day of the damage or within a few days.
- Can I reduce the rent if parts of the apartment are unusable due to elemental damage?
- Yes, if the usability is impaired a rent reduction is possible. Documentation and deadline-setting toward the landlord are important.
- Who pays for emergency repairs?
- Emergency repairs to avert further damage can be carried out by you; the landlord is generally responsible but only pays if obliged to do so or later reimburses the costs.
How-To
- Gather evidence: document photos, videos, witnesses, date and time.
- Inform the landlord: send a written defect notice with a deadline and photos.
- Inform the insurer: submit a damage report to household and possibly liability insurance.
- Carry out protective measures: document emergency measures and collect receipts.
- Set deadlines and seek legal advice: allow the deadline to pass and consider legal steps if necessary.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – legal basis for tenants
- Zivilprozessordnung (ZPO) – rules for court procedures
- Federal Court of Justice (BGH) – case law and decisions
