Flood Damage Protection: Tenants in Germany
As a student or tenant in Germany, you may face many questions after an extreme-event damage: which receipts do I need, which deadlines apply and which insurer pays? This article explains in plain language how to document damage, which official steps to follow and when to check household or liability insurance. You will get concrete action steps, deadline tips and practical examples for forms and court procedures. Stay organized, document everything carefully and act within legal deadlines so you can secure claims and, if necessary, respond in time at the local court.
What to do immediately after the damage?
Act promptly but calmly: your safety and securing evidence are priorities. Photograph damages, note date and time, and inform the landlord and, if necessary, the police in case of acute danger.
- Take photos and videos with date and time stamps
- Create a damage log with time, cause (e.g., storm, flood) and visible consequences
- Record witnesses by name, if any
- Inform the landlord in writing (date, brief description of damage)
Which documents are important?
Insurers, landlords and courts require clear documents. Collect everything systematically in a folder or digitally with backups.
- Photos, videos and the damage log
- Invoices, cost estimates and proof of payment
- Tenancy agreement and handover protocol
- Written correspondence with landlord and insurer (emails, letters)
Deadlines: When to act?
Deadlines are crucial: report damage promptly to your insurer and respond to deadlines set by the landlord. Missed deadlines can jeopardize claims.
- Damage notification to household or liability insurer: immediately, usually within a few days
- Inform the landlord: immediately in writing
- Deadlines for rent reduction or repair requests: depend on defect and communication
Check insurance: household and liability
Check your policy: household insurance often covers personal item damage from water, flood or storm; liability insurance may apply if you caused damage to third parties. Watch for natural hazard extensions like flooding or backflow coverage.
- Check coverage: which perils are included (e.g., flood, heavy rain)?
- Clarify deductible and maximum compensation
- Submit the claim correctly (photos, item lists, receipts)
Tenant rights: repairs, replacement and rent reduction
Landlords are obliged under the German Civil Code to maintain the rental property in a condition suitable for contractual use.[1] Report defects in writing and set a reasonable deadline for remedy; document your communication.
- Send a written defect notice to the landlord and set a deadline for repair
- If delayed: consider rent reduction (amount depends on loss of usability)
- In case of dispute: consider filing at the local court (rental or damages claims)
Official forms and templates (when to use)
Use official forms for court or formal legal steps. Examples and practical use:
- Payment order / Mahnbescheid: use for unpaid claims (e.g., compensation) — example: claim unpaid repair costs, request a Mahnbescheid
- Complaint form (civil lawsuit): for eviction or damages claims at the local court — example: landlord fails to repair, file a complaint
Frequently Asked Questions
- Can I reduce the rent if my flat is restricted by flood damage?
- Yes, you can reduce the rent for impairments of use; document defects and set a deadline for the landlord to remedy them.
- Should I inform my insurer or landlord first?
- Inform both immediately: the landlord (for repairs) and your household/liability insurer (for compensation).
- What does the local court do in tenancy disputes?
- The local court decides civil disputes such as rent reductions, eviction claims or damages; it is the first instance for most tenancy disputes.
How-To
- Create photos and videos and set up a damage log
- Notify the landlord in writing and set a repair deadline
- Contact the insurer and submit the claim with evidence
- Obtain repair quotes and document costs
- Consider legal steps and prepare to file at the local court if necessary
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection
- Laws in the Internet (BGB, ZPO)
- Federal Court of Justice (BGH) - Case Law
