Liability Insurance for Tenants (Students) in Germany

Many students living in rented accommodation wonder whether their liability insurance covers damage to the rental property or third parties and how the policy should be adjusted. In Germany, tenancy law, liability rules and contract terms determine which risks are covered. This article explains clearly and practically which coverages are important, how to report claims correctly, what deadlines and duties exist, and when tenant protection through additional clauses is sensible. The language is accessible without legal jargon so that students as tenants know their obligations and can act with legal certainty. Practical examples show how to document damage, what a handover protocol should include and when legal steps at a local court are appropriate.

Which risks does liability insurance cover for tenants?

Typical policies in Germany cover personal injury and property damage you cause to third parties. Important points are the sum insured, damage to rented items and tort claims from third parties. Check whether the policy explicitly includes "damage to rented property" and what the deductible is. If unsure, review the tariff and ask the insurer.

What to do in case of damage in the rental flat?

In case of damage, first document: date, cause, photos and witnesses. Report the damage quickly to the liability insurer and inform the landlord in writing if necessary.

• Record the date and time of the incident.
• Save photos and short descriptions of the damage.
• Note contact information of witnesses.
• Send a written claim to the insurer.

Deadlines, duties and legal basis

As a tenant you have duties to inform and cooperate, for example when reporting damage or handing over the flat. Important legal bases are in the Civil Code (BGB), especially regarding duties of tenancy and claims for compensation^[1]. Court proceedings on tenancy disputes are usually heard at the local court (Amtsgericht); appeals go to the regional court and, in special cases, to the Federal Court of Justice^[3].

If a landlord asserts claims for damage, the insurer will clarify whether the claim is covered. If a lawsuit is filed, the rules of the Code of Civil Procedure (ZPO) apply to bringing an action and service^[2].

Practical examples and forms (when to use what)

Forms and templates relevant for tenants:

• Termination letter (when moving out): individual letter to the landlord, with date and signature; useful when ending the tenancy.
• Claim form to the insurer: use your insurer's form and attach photos and a short description.
• Handover protocol at move-in and move-out: documents meter readings and damage, important as evidence.

Frequently Asked Questions

Does liability insurance also cover damage to the rental property?

That depends on the contract: some policies include damage to rented property, others do not; check the terms and report damage promptly.

Do I have to take out a special policy as a student?

There is no legal obligation specifically for students, but cost-effective tariffs with adequate sums insured are often sensible, especially for shared flats.

What happens if the landlord files a lawsuit?

The insurer may cover the defense if a valid liability claim exists; otherwise you should file a timely objection and provide evidence.

Help and Support / Resources

• [1] Gesetze im Internet — BGB §§535–580a (Mietrecht)
• [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
• [3] Bundesgerichtshof — Information and decisions

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1. [1] Gesetze im Internet — BGB §§535–580a (Mietrecht)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Information and decisions