Replacement vs. Actual Value: Student Tenant Tips Germany

Many students in Germany are unsure how replacement value and actual (depreciated) value affect household or liability claims, what amount the insurer pays and which deadlines apply. As a tenant it is important to understand the differences, document damage immediately, use the right forms and meet deadlines so claims are not forfeited. This article explains the terms in plain language, lists common mistakes and practical steps for filing a claim, cites relevant laws and shows when a proceeding at the local court is sensible. At the end you will find an FAQ, a clear step-by-step guide and official links to the main legal sources in Germany so you can act confidently as a tenant.

What does replacement value and actual value mean?

Replacement value means the insurer pays the costs required to replace the damaged or destroyed item with a new equivalent. Actual value means the payout is reduced by age and wear depreciation. For students this can make a big difference: for expensive electronics actual value often pays significantly less than replacement value. Check your policy whether replacement or actual value applies and how deductibles are calculated.

Common mistakes by students

• Missing deadlines for damage notification and thereby losing rights.
• Incomplete evidence: photos, receipts or witnesses missing.
• Not checking insurance coverage and choosing the wrong policy.
• Forms not filled out correctly or documents not submitted on time.

Forms and court procedure

Important legal bases for tenancy matters are §§ 535–580a BGB and, for court claims, the ZPO. ^[1][2] For household damage or claims against the landlord students often do not need a special standardized form, but common letters exist such as a "termination letter" or the "damage notification to the insurer". Example: A student notifies the insurer by e-mail about a water damage, attaches photos and receipts and requests replacement value compensation if the policy covers replacement value.

How do I file a damage claim?

1. Secure photos and dates immediately, collect receipts and proof of purchase.
2. Notify the insurer without delay and observe applicable deadlines.
3. Submit the damage notification in writing: use a form or a structured letter with photos and cost estimates.
4. If payment is denied: consider a claim at the competent local court; procedure follows the ZPO. ^[2]

FAQ

What is the difference between replacement and actual value?

Replacement value covers the cost to replace with a new item; actual value deducts age and usage depreciation.

Which deadlines apply when filing a damage claim?

Notify the insurer immediately and observe statutory or contractual notice periods, otherwise the claim may lapse.

When should I go to the local court?

If the insurer or landlord rejects legitimate claims and out-of-court solutions fail, a suit at the local court may be necessary.

How-To Guide (Damage Notification)

1. Collect evidence and photos as supporting proof.
2. Set deadlines: request a written response within a reasonable time.
3. Submit a complete form or structured letter to the insurer.
4. If denied, review court options at the local court and seek legal advice if needed.

Help and Support / Resources

• BGB §§ 535–580a (Gesetze im Internet)
• ZPO (Code of Civil Procedure) – court procedures
• Federal Court of Justice (BGH) – decisions and guidance

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1. [1] BGB §§ 535–580a (Gesetze im Internet)
2. [2] ZPO (Zivilprozessordnung) – Verfahren bei Klagen
3. [3] Bundesgerichtshof (BGH) – Entscheidungen und Hinweise