Protect Tenants: New-for-Old vs. Depreciated Value in Germany

As a tenant in Germany, it can be confusing whether household or liability insurance covers new-for-old or depreciated value after a loss. Students with inexpensive belongings are particularly affected: a depreciated-value settlement can mean compensation far below replacement cost. This guide explains in practical terms how you as a tenant can check what coverage your insurer provides, which receipts are important and which legal bases apply. I show step by step how to report a claim, which forms are relevant, how to observe deadlines and when a court may be involved. With concrete examples for students you get a checklist that helps enforce claims and avoid unnecessary loss.

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

New-for-old means the price for buying an equivalent new item; depreciated value is the new-for-old price minus wear and tear. Insurance contracts regulate whether new-for-old or depreciated value is paid. In the tenancy context the distinction can be decisive when tenants must replace damaged furnishings or clarify costs with the landlord. For tenancy duties and landlord obligations see the provisions in the German Civil Code (BGB) §§ 535–580a^[1].

How do I check my coverage?

• Report the claim immediately (notice): Notify the household or liability insurer in writing and request a claim number.
• Collect evidence (document): Photos, purchase receipts, serial numbers and witness statements document the pre-loss condition.
• Observe deadlines (deadline): Respond within insurer deadlines and submit documents on time.
• Document repairs (repair): Carry out necessary emergency repairs and keep invoices; clarify with the insurer if prior authorization is needed.
• Check policy terms (form): Read the insurance conditions or request a written confirmation specifying new-for-old or depreciated-value rules.

What to do if the insurer offers depreciated value?

If you are offered depreciated value, review the insurance contract and request a written justification. For students it is worthwhile to present the original purchase receipt and proof of the item’s age. If unclear, demand a detailed calculation of the loss and check whether the tariff contains a new-for-old clause.

• File an objection (notice): Within the deadline request a written reassessment or file an objection to the denial.
• Use mediation or ombudsman (court): Some insurers offer internal mediation; otherwise involve external mediation bodies.
• Consider litigation (court): If denial persists, a lawsuit at the local court can be appropriate; proceedings follow the Civil Procedure Rules (ZPO)^[2].

Forms and courts

Relevant official templates and forms are available from authorities. A sample termination letter or templates for legal enforcement are provided by the Federal Ministry of Justice; practical claim forms and court guidance are available on the justice portal.^[3]

Practical example for students: Report the burglary in writing, attach purchase receipts (photos, invoices), request a claim number and submit documents within the deadline. If the insurer only offers depreciated value, demand a written calculation and submit alternative replacement quotes.

FAQ

Do tenants automatically get new-for-old from all insurers?

No; only if "new-for-old" is agreed in the insurance contract or tariff or in special replacement rules.

What do I do if the landlord makes claims against me?

First check whether the landlord actually documents a damage caused by you and inform your liability insurer. In disputes the local court may have jurisdiction.

Which deadlines are important?

Report the claim immediately, submit evidence within insurer deadlines; objection deadlines are set out in the policy terms.

How-To

1. Report the claim in writing (notice): State date and extent and request a claim number.
2. Compile evidence (document): Prepare photos, receipts, serial numbers and witness names in order.
3. Document emergency repairs (repair): Only perform necessary immediate measures and save invoices.
4. Observe deadlines (deadline): Submit documents on time and note objection deadlines.
5. Consider mediation or litigation (court): If denied, use mediation or consider legal action at the local court.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO) – Official legal texts
• Federal Court of Justice (BGH) – Case law on tenancy and insurance
• Justice Portal – Information on local courts and claim forms

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1. [1] Gesetze im Internet: BGB §535 ff.
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH) – Official site