Tenant Checklist: Document Water Damage in Germany

As a tenant in Germany it is important to document water damage quickly and objectively to protect health, living space and legal rights. This guide explains which immediate steps to take, how to store photos, photo sequences and written reports to the landlord and, if applicable, to insurers, and which deadlines to observe for rent reduction and legal actions. The advice is practical and cites relevant laws and the competent courts so you can act quickly and prepared in case of dispute.

Why thorough documentation matters

Comprehensive documentation clarifies the time, scope and consequences of the damage. It often forms the basis for rent reduction, compensation claims or repair claims against the landlord. Collect evidence systematically and note dates, witnesses and communication channels.

Immediate practical steps

• Take photos and videos of the damage from multiple angles and sort them by time.
• Send a written damage report to the landlord (consider email + registered mail) and document receipt.
• Arrange urgent securing measures to minimize follow-up damage and collect cost receipts.
• Inform your insurer and note the claim number and contacts.
• Name witnesses and take short written statements.

Important evidence

Record all appointments (e.g., inspection dates), keep invoices and quotes, and create a simple chronology that documents each action and response. This chronology is important for rent reduction or court actions.

FAQ

Can I reduce the rent for water damage?

Yes, rent reduction is possible if the usability of the apartment is restricted. The legal basis are the rules on defects in §§ 535 ff. BGB.^[1]

Who should I inform first?

Inform the landlord in writing without delay and, if applicable, the household or building insurer. Keep a copy of your report and proof of receipt.

What deadlines apply to court proceedings?

For lawsuits in tenancy law, the rules of the Code of Civil Procedure apply; deadlines depend on the individual case and can affect preliminary injunctions.^[2]

How-To

1. Secure evidence: take photos, videos and timestamps and store them chronologically.
2. Notify the landlord: send a written message with date and damage description.
3. Contact the insurer: submit the claim and note the claim number.
4. Document immediate measures: tradespeople, cost receipts and urgency.
5. Consider rent reduction: assess duration and extent and, if applicable, assert a reduction.
6. Consider legal action: seek legal advice and prepare a claim at the competent local court.^[3]

Key Takeaways

• Photographs and chronological logs are central pieces of evidence.
• Document written notifications to landlord and insurer.
• Keep all repair invoices and emergency costs for possible reimbursement claims.

Help and Support / Resources

• BGB §535 – Gesetze im Internet
• ZPO §253 – Gesetze im Internet
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] BGB §535 – Gesetze im Internet
2. [2] ZPO §253 – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – bundesgerichtshof.de