Tenants: Document Water Damage in Germany

Tenants in Germany often face quick decisions when a water damage occurs: first secure the damage area, then document carefully. Photos and short videos show the location, extent and date; a written defect notice to the landlord creates proof. Record times, affected rooms and contact attempts and keep receipts such as contractor invoices. This documentation helps with questions about rent reduction, repair obligations and potential court steps at the local court. The following procedure explains step by step which photos are useful, how to write a formal defect notice and which deadlines to observe. The goal is to protect your rights as a tenant and resolve disputes fairly. If in doubt, seek advice in good time.

What to document?

Focus on details that can serve as evidence later: condition, extent, date and initial measures. Each photo should be briefly described with what is shown and when it was taken.

• Record date and time (time).
• Photos of the damage: close-ups, wide shots and overall views (photo, evidence).
• Document leak source and moisture spread (repair).
• Document damaged inventory and furniture with detailed descriptions.
• Correspondence: record defect notice, appointments, calls and responses.

How to write a defect notice

Write briefly and factually: date, location, description of the defect, request for immediate remedy and a deadline. Refer to the landlord's repair obligations under § 535 BGB^[1] and request a response within a reasonable period. Keep a copy and preferably send the notice by e-mail plus registered mail or mailbox delivery.

Sample text (short): "I hereby report a water damage on [date] in [room]. Please remedy by [date]. Photos and damages are documented. Sincerely, [Name]".

FAQ

When can I claim a rent reduction?

A rent reduction is possible when the usability of the apartment is impaired. Amount and period depend on the concrete extent and duration of the defect.

Who decides disputes about rent reduction?

If no agreement is reached, the competent local court (Amtsgericht) can decide; rent disputes are heard there.^[2]

Which deadlines are important?

Report the defect immediately and set a deadline for the landlord to remedy it. Procedural deadlines apply for later court actions.

How-To

1. Immediate measures: turn off water, check electricity and secure hazards (repair).
2. Photos & records: take multiple pictures from different angles and short videos; note date and context (photo, evidence).
3. Send defect notice: report in writing, set a deadline for remedy and secure proof of delivery (form).
4. Next steps: collect invoices and estimates, consider rent reduction and involve the local court if necessary.^[3]

Key Takeaways

• Document thoroughly with date, time and multiple photos.
• Send a written defect notice and keep copies.
• Seek advice early if the landlord does not act.

Help and Support

• BGB § 535 – Landlord obligations
• Justice Portal – Local Courts (Amtsgerichte)
• Federal Ministry of Justice – forms and legal guidance

1. [1] Gesetze im Internet - BGB § 535
2. [2] Justizportal - Amtsgerichte
3. [3] Bundesministerium der Justiz - Prozesskostenhilfe