Reporting Damage as a Tenant in Germany
As a tenant in Germany, it is important to report apartment damage quickly and legally securely. This guide explains which steps you should take immediately, how to meet deadlines, collect evidence and what role liability and household insurances play. You will receive practical templates, documentation tips and guidance on when legal action is appropriate. The language remains simple and jargon-free so that tenants can confidently decide how to proceed. The information is based on the relevant provisions of the BGB and civil procedure law. Concrete formulations and examples help when drafting your damage report.
Report Damage: First Steps
Act quickly: secure life and health, stop further damage where possible and inform the landlord in writing. Describe the type of damage, location and time clearly and, if necessary, request a repair deadline. Refer if necessary to the landlord's maintenance obligation (§ 535 BGB).[1]
- Observe deadlines: Report defects without culpable delay.
- Secure photos and evidence: Document dated images, time and context.
- Inform the landlord in writing: State date, description, requested deadline and names.
- Notify insurance in writing: Inform liability and/or household insurance and report the damage.
Securing Evidence and Documentation
Careful documentation increases your chances of enforcing claims. Note witnesses, times and all steps taken to limit damage. In certain cases, court rulings at the BGH level are precedent-setting for evidence collection.[2]
- Photos with date: Use camera or smartphone timestamps.
- Name witnesses: Record names and contact details separately.
- Collect invoices and cost estimates: Keep them ready for later reimbursement questions.
- Check the option of rent reduction: Documentation is a prerequisite for legally secure reduction.
Forms and Deadlines
Legal action is subject to deadlines and formal requirements. The BGB regulates landlord and tenant obligations; procedural rules are found in the ZPO.[1] [3]
- Report damage within a reasonable time: Delays can jeopardize rights.
- Written defect notice: Specify date, extent of the damage and set a deadline (e.g., 14 days).
- Set deadlines: Give a clear grace period for repairs.
If the Landlord Does Not Respond
If the landlord remains inactive, you can consider rent reduction, self-remedy or damages. For court action, the local court (Amtsgericht) is responsible; check beforehand whether you need legal aid and if necessary file an application with the competent court.[4]
- Self-remedy: Only recommended after legal review and in urgent cases.
- Legal action: Tenancy disputes are handled by the local court (Amtsgericht).
- Check legal aid: Apply for process cost assistance if your financial situation requires it.
FAQ
- How do I report damage correctly?
- In writing with date, clear description, photos and deadline to the landlord; also inform your insurer.
- What deadlines apply to defect notifications?
- Defects must be reported without undue delay; typical repair grace periods are 7–14 days, but check the individual case.
- When is rent reduction possible?
- When the living quality is significantly impaired, rent reduction may be possible; keep evidence and set a deadline for the landlord to remedy the defect.
How-To
- Document the damage immediately with photos and notes.
- Send a written defect notice to the landlord (registered mail or email with read receipt).
- Inform your liability and/or household insurer and ask about next steps.
- Set a reasonable deadline for repair and review next steps after expiry.
- If necessary, prepare documents for the local court and check eligibility for legal aid.
Help and Support / Resources
- BGB (Civil Code) - Full text
- Federal Ministry of Justice and Consumer Protection (forms & info)
- Federal Court of Justice (decisions)
