Key Loss for Renters in Germany
Legal situation
The German Civil Code (BGB) generally regulates the rights and duties of tenants and landlords in Germany.[1] The landlord must maintain the apartment in contractually agreed condition, and the tenant must act with care and report damages.
Key duties
- Pay rent (rent) and maintain the apartment.
- Report damages immediately (repair) to prevent greater defects.
- Allow access (entry) for necessary repairs, insofar as legally permissible.
Insurances
Private liability insurance and household insurance differ: liability insurance may in individual cases cover costs if third parties are harmed by the key loss or if landlord expenses arise due to tenant negligence. Household insurance usually covers household items and rarely covers changing lock systems. Check your policies and report damages to your insurer immediately; if necessary, use the insurer's claim form or a police loss report.
Practical steps
- Report loss (within 24 hours): Inform the landlord and, if applicable, the property management immediately.
- Contact landlord (contact): Send a short email or letter with date and circumstances.
- Secure evidence (evidence): Take photos, timestamps, witness statements, and a list of lost keys.
- Observe deadlines (deadline): Respond within deadlines set by landlord or insurer.
- Check lock replacement (lock): Clarify whether a replacement is necessary and who bears the cost.
- Report insurance claim & fill forms (form): Submit all evidence and the claim form.
FAQ
- Do I have to pay for replacing the lock system?
- It depends on the individual case: if gross negligence or intent lies with the tenant, they may be liable; in many cases the landlord bears the costs. Check the circumstances according to the rules in the BGB.[1]
- Will liability insurance cover the costs?
- Many liability insurers review cases individually; some cover costs for proven negligence, others do not. Contact your insurer and submit the claim form and evidence.
- Who do I contact in a dispute with the landlord?
- The local court (Amtsgericht) is competent for tenancy disputes; higher instances include the regional court (Landgericht) and the Federal Court of Justice (BGH) for precedents.[2]
How-To
- Report immediately: Inform landlord and file a police report if necessary.
- Collect evidence: Take photos, make lists, and record witnesses.
- Inform in writing: Send an email or letter to the landlord with date and facts.
- Report insurance claim: Fill out forms and submit evidence.
- Consider legal steps: Seek advice and, if needed, file suit at the local court.
Help and Support
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
- Federal Court of Justice (BGH) — Rent law decisions
- Justice Portal — Forms and court guidance