Replacement vs. Actual Value 2025: Tenants Germany
As a tenant in Germany you should understand when insurers or landlords apply replacement value or actual value and which documents and deadlines are decisive. This article explains in plain language which proofs (invoices, photos, damage reports) are needed, how to meet deadlines and which official forms and courts are relevant. You will get practical steps for reporting damage, building documentation and possible lawsuits at the local court. Especially important: how replacement and actual value calculations affect your compensation and how to factually support disputes with landlords or insurers.
Replacement or Actual Value: What Tenants Must Know
Replacement value means that an item should be replaced as if newly purchased. Actual value takes age and wear into account and usually leads to a lower compensation amount. For tenants, the result can affect compensation for furnishings or insurance payouts. Contractual terms in the lease and in policies often determine which value applies; check these documents carefully.
Which Documents Should Tenants Collect?
- Invoices and repair estimates for damaged furniture or appliances.
- Photos and videos of the damage with date and time.
- Written damage report to landlord and insurer, ideally by registered mail.
- Communication logs: emails, SMS and notes of phone calls.
Deadlines and Timeframes
Tenants usually must report damage without delay; insurance policies often contain specific notification periods. For court claims, limitation periods apply; inform yourself early about relevant deadlines and document the damage immediately.
Typical Deadlines (for orientation)
- Notify the landlord: immediately, ideally within a few days.
- Insurance: notification deadlines per policy, often 7–14 days for minor cases.
- Secure documents: immediately after discovering the damage.
Official Forms and Courts
For legal steps in tenancy law, the rules of the Code of Civil Procedure are relevant; lawsuits are usually filed at the local court (Amtsgericht). There are no universal "tenant forms" for every case, but template claims and filing forms are available on judicial portals. For terminations or eviction cases, statutory provisions in the BGB and ZPO govern the procedure.[1][2]
Practical Examples for Forms
- Termination letter (no single official template, but wording should include date, reason and signature) — example: immediate termination due to significant apartment damage, document and deliver promptly.
- Complaint template for eviction or payment claims: submit to the local court with a precise statement of facts and supporting documents.
FAQ
- What is the difference between replacement value and actual value?
- Replacement value restores the item to its new condition; actual value deducts age and wear, often resulting in lower payments.
- Which documents are persuasive in court?
- Invoices, dated photos, written damage reports and witness statements are particularly important.
- When is the local court competent?
- For most tenancy disputes (rent reduction, termination, eviction claims) the local court is the first instance.
- Which laws regulate tenancy rights and procedural rules?
- Mainly the BGB (tenancy law §§535–580a) and the ZPO for court procedure.
How-To
- Document the damage: collect photos, videos, date, affected items and invoices.
- Notify the landlord in writing: include description, requested remedy deadline and copies of evidence by registered mail.
- Inform the insurer: check the policy, respect notification deadlines and submit evidence on time.
- If disputed, file with the local court: organize documents and, if necessary, submit a complaint to the Amtsgericht or seek legal advice.
Help and Support
- [1] Gesetze im Internet — BGB §§535–580a
- [2] Gesetze im Internet — ZPO
- [3] Federal Court of Justice — tenancy law decisions
- [4] German Judicial Portal — forms and filing guidance
