Tenant Damage Claims in Germany

What to do immediately

As a tenant in a shared flat in Germany, act quickly but methodically: inform the landlord and flatmates, secure evidence and check whether liability or household insurance will cover costs. If a crime is suspected, consider filing a police report. Timely notification and complete documentation make later claims easier and prevent deadlines from being missed.

• Inform the landlord in writing immediately (notice) and request confirmation.
• Secure evidence: photos, move-in protocol, invoices and witness statements (evidence).
• Contact your insurer (contact) and submit the claim within the insurer's deadline.
• For vandalism or theft, consider filing a report and possibly pursue court action (court). ^[2]

Which documents you need

Prepare a detailed damage description, photo and video evidence, the move-in protocol, original purchase or repair receipts, cost estimates and witness contacts. If the landlord demands compensation, thorough documentation helps to prove your position.

• Photos and videos of the damage (evidence).
• Move-in protocol or lease as proof of condition at move-in.
• Repair invoices, cost estimates and receipts.
• Written damage report to insurer and landlord (notice).

Deadlines and legal basis

Tenants must report damage promptly; exact deadlines may appear in the insurance contract or arise from tenancy law. Rights and duties of landlords and tenants are set out in the German Civil Code (BGB) for tenancy law ^[1]. Disputed cases are usually handled by the local court (Amtsgericht) and governed by the Code of Civil Procedure (ZPO) ^[2]; decisions of the Federal Court of Justice (BGH) can be relevant.

How-to

1. Secure evidence immediately: photos, videos, dates and witness names (evidence).
2. Write a short written damage report for landlord and insurer (notice).
3. Contact your insurers and ask for required forms and deadlines (contact).
4. Check deadlines in the insurance contract and act within those timeframes.
5. Keep copies of all documents and emails and prepare a simple checklist in case of court proceedings.

FAQ

1. Do I have to report every damage to the landlord?

Yes, report damages affecting the rental property promptly. Minor defects may be handled differently than damages involving third parties or flatmates; document the extent and cause as precisely as possible.

2. When does liability insurance pay and when does household insurance apply?

Liability insurance covers damages you caused to third parties; household insurance typically covers damaged or stolen personal belongings. Check your policy terms and present the insurer with the requested documents.

3. What if the insurer denies payment?

Request a written denial with reasons, review the insurance contract and consider legal steps; tenancy disputes are often heard in the local court and are subject to the ZPO. ^[2]

How-to

1. Document the damage completely.
2. Prepare a written damage report for landlord and insurer.
3. Contact your insurers and ask for forms and deadlines.
4. Observe reporting deadlines and keep all receipts and correspondence.

Help and Support

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Zivilprozessordnung (ZPO) - Gesetze im Internet
• Bundesgerichtshof (BGH) - Official site

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Official site