Replacement vs Depreciation: Tenant Rights Germany

As a tenant in Germany you often face the question after damage: will the loss be compensated at replacement value or only at depreciation value? This distinction decides whether furniture, fixtures or appliances are fully replaced or only compensated for their diminished value. Especially in shared flats with multiple tenants, quick clarification is important because shared spaces, inventory and deposit issues are affected. This article explains clearly when insurers or landlords must pay replacement value, which evidence you should collect and how to avoid or prepare court deadlines. Practical examples, form guidance and references to relevant laws help you enforce your claims in Germany promptly and securely.

What does replacement value and depreciation mean?

Replacement value means compensation at the price for equivalent new items; depreciation (age value) takes age and wear into account. Insurers and landlords decide according to contract or statutory rules. For tenants, the tenant maintenance duties derive from the BGB.^[1]

Practical steps for shared flats

Act quickly and in a coordinated way so that shared rooms and common inventory are correctly considered.

• Take photos (photos) of the damage and the surroundings and note the date.
• Inform the landlord and the liability or household insurance immediately (hotline) and report the damage.
• Send a written notification or form to insurer and landlord; check deadlines in the insurance contract.
• Carry out short-term repairs to prevent further damage, document them and keep invoices.
• Collect cost estimates for replacement or new purchases and compare them.

Forms and deadlines

Important forms and templates that may occur in practice:

• Damage report to household or liability insurer (insurance form): used to formally report the damage; example: a flatmate describes fire or water damage, attaches photos and initial cost estimates.
• Termination letter (template of the Federal Ministry of Justice): relevant only if an immediate or ordinary termination due to uninhabitability is considered; example: termination after significant endangerment of health.
• Filing a claim at the local court according to the ZPO (eviction or monetary claim): used if out-of-court agreement fails; example: compensation claim against landlord due to failure to remedy defects.^[2][3]

Frequently Asked Questions

Who pays replacement value, the insurer or the landlord?

It depends on the insurance contract and the cause of damage. For damage caused by a tenant, liability insurance may pay; for building damage, the building insurance or landlord often covers it.

Can a shared flat demand proportional costs?

Yes. In a shared flat, costs and compensation claims should be clearly documented and ideally agreed internally in writing before making claims.

What if the insurer only pays depreciation?

You can check whether the lease or policy contains a replacement-value clause or whether a total loss justifies replacement value; if necessary, examine compensation claims against the party responsible.

How-To

1. Document the damage: photos, date, involved persons and initial cost estimates.
2. Inform landlord and insurer (hotline) and report the damage; obtain confirmation of receipt.
3. Submit forms: insurance form or written damage notification with attachments.
4. If payment is denied, file a written objection and consider filing a claim at the local court.

Help and Support / Resources

• BGB: statutory text on tenancy law and obligations
• ZPO: rules on civil procedure
• Federal Court of Justice: case law and decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de