Lost Keys: Tenant Insurance in Germany

If you are a tenant in Germany and lose your apartment key, questions arise quickly: Who pays to replace the lock or locking system, when does liability or household insurance cover the costs, and what deadlines apply? This practical guide explains how to document damage, which official forms and receipts matter, and when a claim against the landlord or insurer arises. We cite relevant sections of the BGB, give examples for termination or damage notifications to insurers, and explain when a local court may be involved. The steps are written for non-lawyers so you as a tenant can efficiently check and enforce your rights.

When insurance covers lost keys

Whether liability or household insurance pays depends on the damage scenario. Private liability insurance may apply if you become liable to third parties (e.g., landlord) because the loss created a concrete danger to another's property. Household insurance may be relevant if the theft of keys leads to losses to your insured household property. Read your policy carefully and check for exclusions related to locking systems or key loss.

Contractual obligations from the rental agreement and the BGB are important, especially rules about use and maintenance.^[1]

First steps after losing keys

• Check locks and access: Determine whether keys were merely lost or stolen and whether strangers may have gained access to the building.
• Inform your landlord and property manager immediately so joint security measures can be discussed.
• Document everything: date, time, location, and if possible photos of where keys were last seen or other circumstances.
• Report the loss to your insurer and ask which forms they require (damage report, proof of key blocking etc.).
• Estimate costs: obtain offers for lock or locking-system replacement to quantify claims.

Insurance check: liability vs. household

Questions to ask your insurer: Does the policy cover replacement of an entire locking system or only individual cylinders? Is there a cap or deductible? Also clarify whether a locking system is treated as someone else's property and how the insurer assesses claim closure. Request written confirmation of coverage before commissioning costly work.

Practical templates and official forms

For court actions or financial aid the following official forms can be relevant:

• Application for legal aid (Prozesskostenhilfe, PKH) – use this if you consider court action but cannot afford the costs.
• Damage-report forms from your insurer – request and complete the insurer's standard form in full.

If a dispute arises: court procedure overview

If claims remain unresolved, a lawsuit before the local court may be necessary; rental disputes are generally heard by the competent Amtsgericht. Procedural rules are set out in the Code of Civil Procedure.^[2] For higher-level legal issues or precedents, decisions of the Federal Court of Justice may be relevant.^[3]

How to prepare evidence and costs

• Collect documents: damage reports, invoices, estimates and correspondence with landlord and insurer.
• Note deadlines: reporting deadlines to the insurer and response deadlines for legal actions.
• Get comparisons: obtain at least two quotes for lock or locking-system replacement.

FAQ

Does liability insurance always cover lock replacement?

Not always. Many policies review cause and scope of liability; you should obtain written confirmation of coverage and watch for exclusions.

Can the landlord demand replacement of the locking system?

Yes, if the loss creates a concrete danger to the rental property or security concerns; who pays depends on the cause and circumstances.

Which courts handle cost disputes?

Rental disputes are usually heard in the competent local court (Amtsgericht); for important legal questions Landgericht or the Federal Court of Justice may be relevant.^[2]

How-To

1. Inform landlord and property manager immediately and obtain written confirmation of notification.
2. Contact your insurer, file a damage report and request required forms; note deadlines.
3. Gather evidence and estimates for lock replacement.
4. Check invoices, record payments and assert claims in writing with landlord/insurer if needed.
5. If no agreement is reached: seek legal advice (tenant association or lawyer) and consider applying for legal aid before filing a suit.^[4]

Help and Support / Resources

• Gesetze im Internet: BGB §535
• Gesetze im Internet: ZPO
• Bundesgerichtshof – Entscheidungen

1. [1] Gesetze im Internet – BGB §535
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Entscheidungen
4. [4] Justiz NRW – Antrag auf Prozesskostenhilfe (PKH)