Tenant Guide: Elemental Damage in Germany 2025

Tenants in Germany often face quick decisions after heavy rain, flooding or storms. This article describes practical steps to secure damages: how you as a tenant can document damage, inform your landlord, observe deadlines and use official forms. We explain when rent reductions are possible, how to collect evidence and which courts are responsible. The goal is that you resolve damages quickly in 2025 and assert claims correctly without losing your rights. Clear examples and concrete action steps help with immediate self-help on site and when contacting the landlord, insurer and local court.

What tenants should do now

Quick, structured action increases the chances of prompt regulation. Record date, place and type of damage, inform the landlord immediately in writing and check your insurance obligations. If the apartment becomes uninhabitable, quickly check alternatives and collect all cost receipts.

Immediate measures

• Take photos and videos and document them with exact dates (record).
• Inform the landlord in writing and send the damage report by registered mail or email (notice). ^[1]
• Carry out small urgent repairs to prevent further damage and keep receipts (repair).

Documents and evidence

• Collect all invoices, estimates and emails and file them chronologically (record).
• Log correspondence: who informed whom and when they replied (notice).
• Secure costs for emergency measures to claim reimbursement from landlord or insurer (rent).

Rights and obligations

Landlords must fulfill maintenance obligations according to general tenancy law; key regulations are found in the German Civil Code (BGB). If usability is impaired, a rent reduction may be possible; deadlines and requirements follow §§ 535 ff. BGB. For judicial enforcement, local courts (Amtsgericht) are competent; higher instances are regional courts and the Federal Court of Justice for precedents.^[2]

Insurance and forms

Check your household insurance and inform liability or household insurers if personal items are affected. For formal claim submissions use insurers' claim forms and, if necessary, template letters or court complaint forms.

• Use official templates or write a clear damage report with date, extent and attachments (notice).
• Request written acknowledgment from landlord and insurer and keep these documents (record).

If it goes to court

If the landlord does not respond adequately, a lawsuit or an eviction claim may follow. The procedural rules of the Civil Procedure Code (ZPO) apply to filing complaints and presenting evidence. Local courts handle tenancy disputes; appeals go to regional courts and the Federal Court for fundamental questions.^[3]

FAQ

Who is responsible for regulating elemental damage?

Initially the landlord; in disputes the competent local court. Insurers are responsible for personal belongings.

Can I reduce the rent if the apartment is damaged?

Yes, for significant impairments a rent reduction may apply; scope and start depend on the individual case and extent of the defect.

Which deadlines are important?

Immediate notification to landlord and insurer; deadlines for lawsuits depend on the situation and statutory limitation periods.

How-To

1. Take photos and videos immediately and note exact dates/times (record).
2. Send a written damage report to the landlord and request confirmation of receipt (notice).
3. Perform urgent measures to prevent consequential damage and keep receipts (repair).
4. Compile costs and assert claims with insurer or landlord (rent).

Help & Support

• Contact the Federal Ministry of Justice (general information)
• Federal Court of Justice (case law and decisions)
• Laws online (read BGB, ZPO)

1. [1] §535 BGB – Content and main obligations of the rental agreement
2. [2] Code of Civil Procedure (ZPO) – Court procedures
3. [3] Federal Court of Justice – Leading decisions in tenancy law