Key Loss: Avoid Tenant Mistakes in Germany
Losing a key can quickly become expensive and stressful for tenants. In Germany, you should first stay calm, inform the landlord and property management, and check whether liability or household insurance covers the damage or replacement of locks. Note the date, location and all circumstances, take photos and keep receipts for expenses. Important steps are documentation, timely notification and clarifying who will cover costs with the landlord or insurer. This guide explains practical immediate measures, applicable deadlines, relevant official forms and when the local court (Amtsgericht) becomes involved. This helps you avoid unnecessary expenses and act with legal certainty.
Immediate steps
Act quickly and systematically: the right first steps reduce costs and protect your rights as a tenant.
- Contact the landlord (contact) and explain how and when the key was lost.
- Send a written notice to property management and request instructions on how to proceed.
- Document photos, date and location and secure receipts for any immediate costs (document).
- If security is at risk, arrange a lock replacement by a professional (repair).
Costs and liability
Who pays depends on the cause of the loss, contractual agreements and legal obligations. Check these points systematically:
- Check whether your liability or household insurance covers lock replacement or key duplication (payment).
- Clarify cost coverage with the landlord; in case of damage to the lock there may be claims under the tenancy agreement and under §§ 535 et seq. of the BGB.[1]
- Collect invoices and, if necessary, submit them to the insurer as a claim (file).
Check insurance: liability and household
Many liability insurances pay if you lose your keys and a third party suffers damage or locks must be replaced for security reasons. Household insurance usually covers movable items. Check your policy terms and call the claims hotline before paying invoices.
Documentation, deadlines and forms
Good evidence and timely notifications are decisive. Pay attention to deadlines, for example for reporting to the insurer or responses to landlord requests.
- Gather evidence, photos and all communications in copies (document).
- Observe deadlines: insurers and landlords often set time limits for reporting and submitting invoices (deadline).
- Fill out forms for damage reports to your insurer or inquiries to authorities as needed (file).
If a dispute arises
If landlord and tenant disagree about cost responsibility, legal steps may follow. Tenancy claims often rely on § 535 BGB and procedural matters are governed by the ZPO.[2]
- Prepare evidence: documentation, photos and witnesses matter (evidence).
- Seek legal advice or official counseling early (contact) before filing suit.
- For eviction or cost claims the competent local court (Amtsgericht) is usually the first instance where filing and hearings take place.[3]
FAQ
- Who pays for replacing the lock after key loss?
- Typically the person who caused the loss pays; often liability insurance covers costs under certain conditions. If unsure, check your tenancy agreement and insurance terms and § 535 BGB.[1]
- Do I have to report the loss to the police?
- A police report is not always necessary, but can be useful in case of theft or to document circumstances in writing.
- When is the local court involved?
- For civil disputes about cost coverage or eviction claims, the local court is usually the first competent instance.[3]
How-To
- Contact landlord and property management immediately and inform them in writing about the loss.
- Document date, place, circumstances, photos and receipts.
- Report the damage to liability or household insurance and submit required documents.
- If necessary, have the lock replaced by a professional and keep the invoice.
- In disputes: gather evidence and consider filing a claim at the local court if needed.[2]
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB), § 535 ff.
- Zivilproceßordnung (ZPO) — Procedural rules
- Federal Ministry of Justice and Consumer Protection (BMJ)