Lost Keys in Shared Flats: Tenants' Rights in Germany

Losing a key in a shared flat can quickly lead to uncertainty, costs and disputes about liability. Tenants in Germany should remain calm, report the loss immediately to flatmates, the lead tenant and the landlord, and check whether personal liability or household insurance covers the lock change or replacement. If a key was lost with identifying information or there is a risk to the building's security, an immediate lock change is often necessary. This guide explains in practical terms what obligations tenants have, how costs can be divided, which official forms and deadlines apply and when the local court may need to be involved. This helps you avoid unnecessary costs and protect your rights as a tenant.

Immediate steps after losing a key

Act quickly, document everything and inform relevant people.

• Report the loss within 24 hours to the landlord and flatmates.
• Secure evidence: take photos of the location, make notes about the time and create handover lists.
• Clarify costs: who pays for the lock change or replacement and by when payment is due.
• If security is at risk, request an immediate lock change or additional protection.
• Report the claim to insurance: notify liability or household insurance and submit receipts.

Liability and cost allocation

Who bears the costs depends on the cause of the loss and any agreements in the shared flat or the tenancy agreement. Generally, tenants may be liable for damage they cause; landlords are obliged to keep the rental property in a condition fit for use.^[1]

Practical rules:

• If a single tenant lost the key, that tenant usually pays for the lock change and replacement keys.
• If several flatmates share responsibility (e.g. key safe), proportional cost sharing may be appropriate.
• If there is a concrete security risk (e.g. key with address), the landlord can demand a lock change.

Forms & deadlines

There are no uniform nationwide tenancy forms for all situations, but courts and justice portals provide templates and guidance.^[4] Important legal foundations are contained in the Civil Code (BGB).^[1]

• Termination letters (templates) should be used only for timely and justified terminations; check templates on justice portals.
• Written requests to the landlord: include date, facts, a deadline and ask for confirmation.

When to involve courts

If no agreement is possible, tenants or landlords can file suit at the competent local court; civil procedure rules apply (ZPO).^[2] For precedent-setting questions, the Federal Court of Justice provides important decisions.^[3]

FAQ

Who pays for a lock change after losing a key in a shared flat?

Generally the person who lost the key pays. If responsibility is shared, costs can be divided proportionally.

Does the landlord have to change the lock?

The landlord must ensure the security of the rental property and can require a lock change if security is compromised; costs are often borne by the person responsible.

What deadlines apply if the landlord does not respond?

Set a reasonable written deadline; if the landlord does not respond, consider further legal steps, possibly before the local court.

How-To

1. Report: Notify the landlord and flatmates immediately and note date and time.
2. Document: Collect photos, witness statements and written notes about the incident.
3. Check insurance: Contact liability or household insurance and file a claim.
4. Agree on costs: Make a written agreement about cost responsibility or sharing.
5. Consider legal action: If necessary, check filing a claim at the competent local court under the ZPO.^[2]

Help & Support / Resources

• BGB (Civil Code) – Gesetze im Internet
• Justice Portal – forms and court information
• Federal Court of Justice – decisions

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Decisions and information – Bundesgerichtshof
4. [4] Forms and court guidance – Justizportal