Protect Against Natural Damage: Tenants in Germany
What to do immediately after damage?
Act quickly, document everything and prevent further damage. Note date and time, take photos and videos and collect receipts for damaged items. Report the damage promptly to the landlord and your household insurer; timely notification reduces the risk of losing claims.
- Take and securely store photos and videos of all affected areas.
- Inventory damaged items, include purchase receipts or serial numbers if available.
- Send a written damage report to landlord and insurer and document receipt.
- Perform short-term protective measures to avoid follow-up damage (e.g., pumping out, ventilating wet furniture).
Which insurances to check?
For tenants two policies matter: household (Hausrat) insurance (covers your belongings) and private liability insurance (covers liability claims you cause). Natural hazards like floods or heavy rain are often only covered with an extended elemental or natural hazard rider; check your contract closely.
Liability insurance generally covers harm you cause to others; household insurance replaces damaged furniture, clothing and electronics. If coverage is unclear, request a written coverage statement and present it to your landlord if the matter concerns rent reduction or compensation. Tenancy claims follow the rules of the Civil Code (BGB) regarding defects and reduction[1].
Forms and evidence
Forms and templates help meet deadlines and formalities. Useful documents include:
- Termination letter (template) for hardship or uninhabitability: use a dated letter with reasoning and a clear deadline.
- Written damage report to the landlord: describe the damage and measures taken, attach photos and an inventory list.
- Evidence preservation: photo log, witness list, and documentation of tradespeople or emergency services contacted.
If the landlord does not act or repairs fail despite a deadline, court may be necessary; legal proceedings follow the Civil Procedure Rules (ZPO)[2]. Example: set a 14-day deadline for drying and repairs in writing; if no response, document again and consider legal advice.
FAQ
- Which damages does my household insurance cover for natural events?
- This depends on your contract. Many standard contracts exclude severe natural events; an elemental insurance or elemental-damage rider is often required. Check your terms and request a written statement from your insurer if unsure.
- Can I reduce rent if the apartment is uninhabitable due to water?
- For significant impairments rent reduction may be possible under the BGB. Document the scope and duration of the defect and inform the landlord in writing; seek legal advice for bigger disputes.
- Who is responsible if an eviction lawsuit occurs?
- Local courts (Amtsgerichte) are generally responsible for tenancy disputes and eviction claims; higher appeals are handled by regional courts and potentially the Federal Court for significant legal questions[3].
How-To
- Document the damage immediately: take photos, videos, note dates and short descriptions.
- Inform the landlord in writing and describe protective measures taken.
- Contact the insurer and submit the damage report according to their requirements.
- Collect receipts and correspondence; set deadlines and follow up in writing.
- Consider legal steps if there is no response and prepare documents for the local court.
Help and Support
- Federal Ministry of Justice (forms and information)
- Gesetze im Internet (BGB, ZPO)
- Federal Court of Justice (decisions)