New vs Used Value: Tenant Rights for Students in Germany

As a student in Germany, damage to household items and furnishings can quickly cause uncertainty. The difference between new value and depreciated (used) value affects how insurers calculate compensation and has direct consequences for tenant rights, deposit questions and possible follow-up claims. This guide explains in practical terms how students can avoid common mistakes, what obligations landlords and tenants have, and which steps are sensible when settling claims through household or liability insurance. You will receive concrete tips on preserving evidence, deadlines and official forms as well as examples of how to assert claims correctly without losing important rights. We show which sections of the BGB are relevant (§§ 535–580a)^[1], when filing a lawsuit at the local court may be appropriate^[2] and which official forms to use^[3].

How new value and depreciated value are calculated

New value means a damaged item is replaced at the cost to procure a new equivalent; depreciated value (used value) reduces that amount for age and wear. Insurers and appraisers use different depreciation factors; therefore, the same damage can lead to very different compensation amounts. Check which valuation basis your insurance contract uses and whether replacement or cash payment applies. If in doubt, a brief legal check can help, since tenancy law principles and obligations to compensate remain relevant^[1].

Common mistakes and how to avoid them

• Missing photos and receipts, so start securing evidence immediately (photos, evidence).
• Missing deadlines, for example for reporting damage or settlement (deadlines).
• Accepting an insurer's offer immediately without review (do not, avoid).
• Confusing security deposit accounting with insurance claims (rent, deposit).

Which forms and templates to use

For terminations, lawsuits or formal damage reports, use official sample letters and forms; the Federal Ministry of Justice and official justice portals provide templates and guidance^[3]. Example: a formal termination letter (sample) is used when tenancy consequences must be examined; a damage report form is used to preserve deadlines with the insurer. Practical example: send the household insurer a damage report with date, description, photos and cost estimates, attach invoices for prior repairs and request written confirmation.

Steps for disputes and court

If no amicable settlement is possible, the next step may be a lawsuit at the local court; these courts handle most tenancy law cases^[2]. Before filing suit, collect all documents, obtain cost estimates and send a final written request for settlement. For legal questions about interpreting BGB provisions, decisions by higher courts such as the Federal Court of Justice are relevant^[4].

Frequently Asked Questions

What is the difference between new value and depreciated value?

New value covers the cost to replace with a new equivalent item; depreciated value reduces that amount due to age and wear. Insurance contracts usually specify which valuation standard applies.

When should I notify my household or liability insurer?

Immediately after noticing damage: document, report damage and observe deadlines; also inform the landlord if parts of the rental are affected.

Which deadlines must I observe?

Observe insurer notification deadlines, time limits for rent reductions and potential statutes of limitation; check deadlines in contracts and legal provisions.

How-To

1. Take photos and videos immediately and note dates (evidence).
2. Send a written damage report to the insurer and obtain confirmation of receipt (notice, form).
3. Obtain cost estimates and keep invoices ready (rent, deposit).
4. Inform the landlord and set deadlines for remediation if necessary (call, contact).
5. If required, prepare proceedings at the local court and organize documents chronologically (court, hearing).

Key Takeaways

• Careful documentation protects your claims.
• Observe deadlines to avoid losing rights.
• Use official forms and templates from government sources.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Zivilprozessordnung (ZPO) - Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: BGB - Bürgerliches Gesetzbuch
2. [2] Justizportal: Local courts and jurisdictions
3. [3] Federal Ministry of Justice - Forms and templates
4. [4] Federal Court of Justice - Decisions and principles