Key Loss: Tenant Rights in Germany
If you are a tenant in Germany and lose your keys, practical and legal questions arise immediately: whom to inform, which costs are covered by liability or household insurance, and when can the landlord require replacement keys or pass on costs? This article explains in plain language the obligations of tenants and landlords, the deadlines that apply, and how to document and communicate correctly to avoid unnecessary costs or legal problems. The guidance is based on relevant legal foundations and practical steps for affected tenants in Germany.
What happens after key loss?
If a tenant loses keys, there may be security risks for the building and potential costs for replacing cylinders or locks. Often, an investigation, immediate notification to the landlord and an assessment of the level of danger are necessary. The Civil Code (BGB) governs the basic duties of landlords and tenants in the tenancy relationship[1].
Who is liable for costs?
The answer depends on the individual case: if the loss was grossly negligent or led to a break-in, higher costs or claims may result. Insurances such as liability or household insurance can cover costs under certain conditions; check your policies early.
- Check your liability insurance for cost coverage (payment).
- Household insurance rarely covers lock replacement, usually only consequences of break-ins (payment).
- The landlord can demand replacement if security is at risk (entry).
- Document damage, photos and communications as evidence (evidence).
Practical steps for tenants
Follow a clear sequence so you protect your rights and meet deadlines.
- Report the loss to the landlord in writing immediately and request confirmation (notice).
- Contact your liability and household insurance and clarify reporting deadlines (contact).
- Create exact documentation with date, time, photos and witness statements (document).
- Observe deadlines for invoice reviews and objections; short timeframes often apply (deadline).
- If the landlord has keys made, request a detailed cost breakdown (entry).
Legal framework and judicial instances
The BGB contains central provisions on the tenancy relationship, such as maintenance and liability, which are relevant in cases of lost keys[1]. In cases of termination or eviction threats, procedural rules of the Code of Civil Procedure (ZPO) become important, for example if an eviction suit is filed[2]. Case law of the Federal Court of Justice (BGH) can provide guidance in precedent-setting cases[3].
Common mistakes and how to avoid them
- Not reporting in writing (notice): Always keep a written record and confirmation.
- Poor documentation (document): Missing photos or witnesses weakens your evidence.
- Not checking insurance (payment): Missing the notification deadline can void a claim.
FAQ
- Will liability insurance cover the cost of new locks?
- Many liability insurers pay if negligence is proven; check your policy and report the damage immediately.
- Can the landlord demand replacement of the locking system?
- Yes, if there is a concrete danger to the building or security is no longer ensured; the landlord usually must justify the measure appropriately.
- Do I have to move out if the landlord replaces locks?
- No, a simple lock replacement does not justify moving out; however, check whether costs are charged to you and whether they are reasonable.
How-To
- Step 1: Report the loss to the landlord in writing and obtain confirmation (notice).
- Step 2: Inform insurers (liability/household) and secure a claim number (contact).
- Step 3: Take photos, write a description and list any witnesses (document).
- Step 4: Obtain cost estimates and coordinate with the landlord/insurer (payment).
- Step 5: File a written objection if there is a dispute and seek legal advice if necessary (court).
