Protecting Tenants from Natural Damage in Germany
Many flatshare tenants in Germany are unsure how to protect themselves against natural damage such as flooding, heavy rain or storm damage. This guide explains in plain language which insurances are important for tenants, what duties landlords have and how you in a flatshare should report damage, document it and enforce claims. I explain differences between household contents insurance and natural hazard add-ons, which policies flatmates should check together and which deadlines apply in the event of damage. Practical steps, sample forms and pointers to court contacts in Germany help you assess your rights as a tenant and avoid unnecessary friction. At the end you will find a step-by-step guide, an FAQ and official links to BGB paragraphs and local courts so you can act with legal certainty if needed.
What are natural damages?
Natural damages include harm caused by natural events such as flooding, heavy rain, backflow, landslide or storm. For tenants, natural damages often mean damage to household contents (furniture, clothing, electronics) and restrictions on habitability. Which costs the insurance covers depends on the policy: standard household contents insurances often exclude natural damages and they are usually available as an add-on.
Insurance for flatshare tenants
Flatmates should jointly check which insurances exist and who insures which items. Key points:
- Check existing household contents insurance for natural hazard coverage.
- Clarify which items are insured individually or jointly (e.g. shared living-room furniture).
- Compare coverage limits and deductibles before taking out a policy.
- Check whether liability insurance covers private damage to third parties.
Report and document damage
After an event: safety first, then documentation. Document damage immediately with photos and an inventory of destroyed or damaged items. Inform the building management or landlord in writing without delay and report the damage to your insurer as soon as possible.
- Take timestamped photos and keep original receipts for purchases.
- Note witnesses and speak with neighbors if other apartments are affected.
- Send a damage report by email and by registered mail to insurer and landlord.
Landlord obligations and legal steps
Landlords are obliged to maintain the rental property in a condition suitable for contractual use (§ 535 BGB).[1] If habitability is severely impaired, tenants may be entitled to reduce rent or, in severe cases, terminate without notice; the exact conditions are regulated in the BGB.
If claims are disputed, the local court (Amtsgericht) is the first instance for many tenancy disputes; procedural rules for lawsuits are contained in the Code of Civil Procedure.[2] Important precedents are decided later by the Federal Court of Justice (BGH).[3]
FAQ
- Who pays if flatshare furniture is destroyed in heavy rain?
- Generally, the household contents insurance of each tenant pays for their insured items if a natural-hazard add-on exists; shared furniture must be arranged according to ownership.
- Can I reduce rent if my apartment is damp after a flood?
- Yes, if usability is impaired a rent reduction may be possible; the amount depends on the severity of impairment and case law.
- What if the landlord delays repairs?
- Send a written defect notice with a deadline; further measures can include rent reduction or filing suit at the local court.
How-To
- Immediate action: Ensure all flatmates are safe and report acute dangers (electricity, gas).
- Documentation: Take photos, make an inventory of damaged items and note witnesses.
- Written report: Notify landlord and insurer by email and registered mail.
- Mind deadlines: Respond to insurer requests and meet stated deadlines.
- Legal steps: Contact the local court or seek legal advice if disputes arise.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Bundesgerichtshof (BGH) – Official website
