Tenant: Check Coverage & Report Damage in Germany
As a tenant in Germany, you should know how to quickly and cost‑effectively check whether damage is covered by your liability or household insurance. This article explains step by step what information insurers need, how to report damage in time and which proofs help tenants enforce claims. I show which official forms and authorities are relevant, how to organize receipts and which deadlines apply under the German Civil Code. I also explain when a lawsuit at the local court may be sensible and which authorities or courts are competent. At the end you will find a practical how‑to list and official links to forms and statutory texts. Read on for concrete sample texts and tips.
What to collect first
Before notifying insurers or the landlord, set up an overview with all relevant information. This helps meet deadlines and present evidence clearly.
- Note the date and time of the incident.
- Secure photos and videos of the damage.
- Collect invoices, cost estimates and contractor offers.
- Document witness contacts and short written statements.
Check insurance: liability vs. household
Check your policy for coverage scope, exclusions and notification deadlines. Many insurers require a claim to be reported within a certain period after becoming aware of the damage.
- Check the policy for exclusions (e.g. gross negligence).
- Observe notification deadlines in the insurance conditions.
- Prepare a damage overview with invoices and photos.
- Call your insurer's hotline if in doubt and note names and call time.
Practical sample forms
For court actions or formal applications use official court forms or templates from the Federal Ministry of Justice. Examples include model termination letters and complaint forms filed with the court. When citing laws, pay attention to the provisions in the BGB regarding landlord and tenant duties and the ZPO for court procedures[1][2].
If the landlord must be involved
Inform the landlord in writing if damage affects the apartment or repairs are necessary. Send clear documentation and, if necessary, set a reasonable deadline for rectification.
- Send a formal defect notice by email and by registered mail if necessary.
- For acute hazards, request immediate remedy and document responses.
- Inform yourself carefully about your rights before reducing rent and be aware of risks.
When it goes to court
If claims cannot be resolved amicably, the local court or regional court are competent; for fundamental legal questions the Federal Court of Justice may decide[3]. Proceedings follow the rules of the ZPO and can include claims for damages, eviction or rent reduction.
- Check whether a lawsuit is economically sensible and gather all evidence.
- Write a clear chronology of the case as an attachment to the complaint.
- Use official complaint forms of the competent local court if available.
FAQ
- How quickly must I report damage?
- Report damage as soon as possible; many insurers expect notification within days to weeks after discovery.
- Which forms do I need for a lawsuit?
- For civil lawsuits use the complaint form of the competent local court; ask the court or your state justice portals for the exact template.
- Can I proceed against the landlord without a lawyer?
- Yes, many cases can be heard at the local court without a lawyer; evaluate effort and prospects beforehand.
How-To
- Collect evidence: create photos, invoices, witness statements and a chronology.
- Report the damage: send a written claim to your insurer and keep a copy.
- Inform the landlord: notify the landlord in writing and set a reasonable deadline for remedy.
- Legal review: consider legal advice or court action if no agreement is reached.
Key Takeaways
- Timely documentation improves outcomes with insurers and courts.
- Use official forms and templates to avoid procedural errors.
- Observe deadlines from your policy, lease and statutory regulations.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Zivilprozessordnung (ZPO) - Gesetze im Internet
- Bundesgerichtshof (BGH) - Decisions
