Proving Water Damage Fast: Tenants in Germany
If water damage occurs in your apartment in Germany, prompt action is crucial. Tenants should secure the cause, document damages and inform the landlord without delay. Note the date and time, take photos and videos of affected rooms, furniture and walls, and keep a damage log. Keep receipts for repairs or emergency measures. This guide explains clearly which deadlines apply, which forms and authorities are responsible, and how to collect evidence for a rent reduction or damages in urgent proceedings. The instructions help you enforce your rights as a tenant and avoid unnecessary costs.
What to do with an acute water damage?
Act quickly to prevent further damage and secure evidence. Priority is danger prevention, then documentation.
- Note date and time
- Take photos and videos
- Shut off water supply if possible
- Inform the landlord immediately
- Keep a damage log with witness names
Collecting evidence: What helps in urgent proceedings
Careful documentation increases your chances in urgent proceedings. Pay attention to dating, comparison photos and receipts for costs.
- Save before-and-after photos
- Note witness contacts
- Keep invoices, receipts and estimates
- Record a short timestamped video
- Document emergency repairs and temporary fixes
Legal bases: the landlord's duties to maintain and remedy defects are regulated in the BGB.[1] Procedural rules for emergency applications and lawsuits are in the ZPO.[2] Tenancy disputes are heard at the local court (Amtsgericht); appeals go to the Landgericht and the Federal Court of Justice (BGH).[3]
Forms and practical steps
For urgent court steps: collect evidence, prepare a short chronological overview and ready the filing (written complaint or application for an interim injunction under the ZPO). State concrete amounts, deadlines and measures in the filing.
FAQ
- Can I reduce the rent if rooms are uninhabitable due to water damage?
- Yes, tenants may be entitled to a rent reduction for significant defects under the BGB. Document the extent and duration of the defect to justify the reduction rate.
- Who pays for immediate emergency repairs?
- The landlord is generally responsible. In cases of imminent danger, tenants may arrange necessary emergency measures and may claim reimbursement; keep all receipts.
- How do I file an urgent proceeding?
- Prepare a concise complaint or application for an interim injunction, attach evidence and file the papers with the competent local court. Explain urgency and the risk of irreparable harm.
How-To
- Photograph and document: immediately photograph the damage with date and record a short video.
- Create a damage log: note date, time, affected rooms, witnesses and initial measures.
- Inform landlord and set deadlines: report in writing and request a reasonable repair deadline.
- Prepare for court: sort documents and, if necessary, file an emergency application with the local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — Civil Code
- Zivilprozessordnung (ZPO) — Code of Civil Procedure
- Federal Court of Justice (BGH) — Official Site
