Key Loss in Shared Flats: Tenant Rights in Germany
If you lose a key in a shared flat in Germany, you often face quick decisions: inform flatmates, assess the situation and document damage. Clarify immediately whether a lock replacement is necessary or only a spare key. Check if your private liability or household insurance covers costs and collect receipts. Notify the landlord in writing, because landlords can demand a lock change or claim costs. In disputes over costs or access, the local court may decide; well-documented notices and deadlines help. This article explains practical tenant rights and duties, shows official forms and typical procedures in Germany and lists important deadlines.
What to do immediately after losing a key?
- Call and inform your flatmates (call) and check together whether someone has a spare key.
- Notify the landlord in writing; use email with photos or registered mail so the report is documented (file).
- Check insurance: ask whether liability or household insurance will cover lock replacement costs (pays).
- Collect receipts and photos: document date, time, circumstances and any locksmith bills (evidence).
- Replace the lock (lock exchange) only after consultation or if there is a security risk; obtain cost estimates first.
- In disputes over costs or access, the local court (Amtsgericht) may decide; check deadlines and collect evidence carefully (court).
How do liability and household insurance work for key loss?
Private liability insurance usually covers claims if you lose someone else's key and this leads to damage (e.g., a break-in); household insurance can cover losses from burglary or theft. Whether the insurer pays depends on your policy and the circumstances of the loss. Report the claim promptly with receipts and a clear description. Insurers may request a police loss report or confirmation from the landlord.
Landlord and tenant rights and duties
The landlord must maintain the rental property under tenancy law; changes to lock systems can be required for safety reasons. Sections 535 ff. of the BGB regulate basic landlord and tenant duties. Who pays depends on cause and agreements: if a tenant loses a key through their own fault, the landlord may demand payment; within shared flats tenants often agree on internal cost sharing.
When does the court get involved — and which courts are competent?
If bills for lock replacement remain unpaid or the landlord denies access, you may need to seek resolution in the local court. In tenancy law, the Amtsgericht usually has first jurisdiction; appeals go to the Landgericht and important precedents come from the Federal Court of Justice (BGH). Civil procedure rules for lawsuits and enforcement are set out in the ZPO. Ensure you have receipts and set deadlines before taking legal steps.
FAQ
- Who pays for a lock change when a shared-flat key is lost?
- It depends: if a tenant caused the loss, the landlord may charge the cost; insurers may cover part of it in certain cases.
- Which insurer should I report to first — liability or household?
- Report to both: liability for claims from others, household for theft or burglary; check your policy and contact providers.
- Which court handles disputes over costs?
- The local court (Amtsgericht) usually decides in first instance; appeals go to the Landgericht, and important precedents come from the BGH.
How-To
- Call and inform your flatmates and check for a spare key (call).
- Collect receipts and photos documenting date, time, circumstances and bills (evidence).
- Notify the landlord in writing and set a reasonable deadline, e.g. 14 days (file).
- Contact your insurer: report the claim, check your policy and send documents (payment).
- If no agreement is reached, consider filing at the local court and prepare all evidence (court).
Help and Support / Resources
- [1] Sections 535 ff. BGB – Rental contract, landlord obligations
- [2] ZPO – Civil Procedure Rules
- [3] Federal Court of Justice (BGH) – Case law on tenancy
