Tenants in Germany: New-for-old vs. Actual value quick guide

As a tenant in Germany, a water damage, fire or break-in can suddenly render furniture and electronics unusable. For tenants, shared flats or families it is important to know whether household or liability insurance pays new-for-old (replacement at current new price) or actual value (depreciation for age and use). This distinction affects your reimbursement amount, how fast the settlement runs and whether you can demand additional payment from the landlord. In this article I explain clearly which documents insurers require, how to report damages correctly, which deadlines apply and what legal options exist. This helps you as a tenant in Germany to act quickly and securely, without jargon. I also provide template texts and step-by-step instructions.

What do new-for-old and actual value mean?

New-for-old means that your damaged items are replaced at the current new price. Actual value reduces the payout according to age and wear. For tenants it is important: household insurances calculate differently; landlords are liable only for breaches of duty.

• New-for-old: replacement at the current new price, often for furniture and electronics.
• Actual value: payout minus depreciation due to age and use.

First steps after damage

Act quickly: secure the hazard area, document everything and inform the insurer promptly. Photos, notes and receipts increase your chances in the settlement.

• Collect photos, invoices, receipts (receipt) and an inventory list.
• Report the damage to your household or liability insurer in writing promptly and describe the damage precisely (form).
• Obtain repair estimates or offers (repair) before commissioning expensive work.

Important deadlines and legal bases

As a tenant you should report damages as soon as possible, typically within one to two weeks. For disputes about the amount of damage, civil procedure rules in the ZPO apply, and tenancy duties are regulated in §§ 535–580a BGB^[1]. For court steps, the local court (Amtsgericht) is competent, appeals go to regional courts and finally to the Federal Court of Justice^[2].

Forms and templates (official and practical)

There is no unified official checklist for insurance cases, but for court actions use the ZPO rules^[2]. Examples of formally relevant procedures:

• Written damage notification (form): Send a precise letter to the insurer with date, damage description and evidence; example text: "I hereby report a water damage on DD.MM.YYYY, photos and invoices attached.".
• Filing a lawsuit in case of dispute (form): If agreement fails, a suit under the ZPO can be filed; the local court is the first instance.

Practical example: A shared flat reports a break-in, attaches inventory and receipts, demands new-for-old for two laptops. If the insurer insists on actual value, check estimates and consider legal action.

FAQ

What is the difference between new-for-old and actual value?

New-for-old replaces at the current new price; actual value deducts for age and wear, so the payout can be lower.

How quickly must I report damage as a tenant?

Report damages as soon as possible, ideally within one to two weeks, and document everything in writing.

What if the insurer refuses to pay?

Request a written explanation, review documents and, if necessary, contact the local court; professional legal advice can help in complex cases.

How-To

1. Document: create photos, serial numbers, receipts and an inventory list (receipt).
2. Report: notify the insurer in writing and send all evidence (form).
3. Estimates: obtain and compare repair or replacement quotes (repair).
4. Review: check the insurer's response and document whether new-for-old or actual value applies.
5. If needed: file a written lawsuit at the local court following civil procedure (court).

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ) — legal information and sources (form).
• Laws online: Civil Code (BGB) §§535–580a for tenancy law (law).
• Federal Court of Justice (BGH) — case law on insurance and tenancy issues (court).

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1. [1] Gesetze im Internet — BGB §§535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) — Official website