Report Damage for Tenants in Germany Correctly

Tenants in Germany often face time pressure and uncertainty after a flat or shared-flat damage. This text explains in clear language which details are important in a damage report, which common mistakes to avoid, and how to proceed step by step with liability or household contents insurance. You will receive concrete tips for evidence preservation, deadlines and dealing with authorities, as well as examples of how a short, legally sound letter can look. The language remains understandable for non-lawyers, with practical tips for flatmates who must resolve damages together.

What belongs in a correct damage report?

A complete damage report helps to clarify claims quickly. Reduce misunderstandings through clear structure and evidence.

• Date and time of the damage (time) — specify exactly, if possible with start and end.
• Detailed damage description (repair) — what is broken, how extensive is the damage, what risk exists?
• Photos and receipts (evidence) — multiple perspectives, close-ups and damaged items document.
• Witness or contact details (contact) — names and phone numbers of flatmates or neighbors.
• Signature, address and reference to the tenancy agreement or inventory list (form) — so the report can be clearly assigned.

Typical mistakes in damage reports

Many delays arise from formal mistakes or missing evidence. Avoid these traps:

• Not reporting in time (deadline) — report damages immediately, at the latest within a few days.
• Incomplete evidence (evidence) — a single blurry photo is often insufficient.
• No contact details or no signature (form) — complicates follow-up and official processes.
• Late notification to insurer or landlord (repair) — observe reporting deadlines.

Practical short example

Keep it brief: date, place, short damage description, photos as attachment, name and phone number. Add: "Please confirm receipt and inform about next steps."

Forms, authorities and rights

For tenancy law issues, §§ 535–580a of the BGB are central; refer to them when asserting rights such as rent reduction or repairs ^[1]. In disputes, the competent local court (Amtsgericht) is responsible, with appeals to the Landgericht and the Federal Court of Justice (Bundesgerichtshof) ^[2]. In termination or litigation cases, courts provide standardized templates or guidance available at the local court.

Important forms and how to use them:

• Lawsuit/pleading templates of the local court (form) — use if an eviction or payment lawsuit is necessary; example: plaintiff files a complaint with date, claim, grounds and evidence ^[2].
• Template texts for termination or objection (form) — for formal errors or unlawful terminations; check deadlines and formal requirements ^[3].

How to handle insurance claims

First check whether liability or household contents insurance is liable. Report the damage in writing and attach photos, cost estimates and a short statement. Request a confirmation of receipt and note the insurer's claim number. In case of theft or vandalism, also file a police report.

• Step 1: Report the damage to the insurer (evidence) — name, policy number, description, photos.
• Step 2: Obtain cost estimates (payment) — at least one written quote for repair or replacement.
• Step 3: Keep contact (contact) — answer deadlines and follow-up questions promptly.

FAQ

How quickly must I report a damage?

Report visible damages immediately, at the latest within a few days, so that evidence is not lost and deadlines are met.

Should I contact the landlord or the insurer first?

Inform both: the landlord (for damage to the rented property) and the responsible insurer, especially if third parties are affected.

What role does tenancy law (BGB) play?

The BGB governs duties and rights such as repairs and rent reduction; see the relevant paragraphs for details.

How-To

1. Step 1: Document immediately (time) — take photos and note date/time.
2. Step 2: Create a written damage report (form) — concise, complete, with contact details.
3. Step 3: Gather evidence (evidence) — invoices, cost estimates, witness statements.
4. Step 4: Inform insurer and landlord (contact) — request confirmation of receipt.
5. Step 5: Coordinate repairs (repair) — organize repairs or obtain expert assessment.

Key Takeaways

• Complete documentation speeds up settlement and increases chances of success.
• Timely reporting protects deadlines and evidence.
• Use official templates and reference relevant legal provisions.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Justizportal des Bundes und der Länder
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Justizportal des Bundes und der Länder
3. [3] Bundesministerium der Justiz und für Verbraucherschutz (BMJ)