Tenant Damage Report Guide: 2025 Germany
As a tenant in Germany, damage events often occur unexpectedly, from water damage to burglary or fire. Reporting quickly and correctly protects your rights, secures evidence and is often required by liability or household insurance. This practical guide explains step by step which deadlines apply, which official forms are needed, how to secure photos and documents correctly and when the local court (Amtsgericht) can be involved. It also shows how to inform your landlord, which sections of the BGB are important and where to find help at local authorities. At the end you have concrete action steps, sample forms and guidance for possible court proceedings. Read on for sample texts, deadlines and contact points.
What to do after a damage event?
First priority: safety and limiting damage. In case of water damage or fire stop the hazard if possible and call the fire brigade in case of immediate danger. Then document the extent and time of the damage with photos and short notes. Keep all receipts for repairs or expenses.
Keep every receipt and photo with the date saved.
Step-by-step documentation
- Secure photos and evidence (photo): document date, time and perspectives.
- Inform the landlord in writing (notice): brief description, date and request for confirmation.
- Notify the insurer (payment): send damage report with claim number to liability or household insurance.
- Observe deadlines (deadline): many insurances and legal claims have time limits, act promptly.
Detailed documentation increases your chances of success with claims.
Forms and sample letters
For many steps a simple written letter to the landlord is sufficient. For a formal warning or defect notice state the defect, the date and a deadline for remedy. If you consider litigation, follow the forms of the competent local court and the rules of the ZPO[2].
Set deadlines that are short and realistic; an unreasonable deadline can weaken your legal position.
Examples of relevant form types: defect notice to the landlord (informal letter), damage report to household or liability insurer (insurance form), and for court procedures the complaint filing at the local court.[1]
When to involve the court?
If landlords do not respond, refuse repairs or payments, litigation at the local court may be necessary. The Amtsgericht handles most tenancy disputes; higher appeals go to the Landgericht and the BGH for precedent matters.[3]
Many tenancy disputes are decided first at the local court.
Practical example: defect notice and possible lawsuit
- Documentation (photo): take photos on the day of damage and after repair attempts.
- Defect notice in writing (notice): send by registered mail or email with read receipt.
- Set a deadline (deadline): typical deadlines are reasonable periods, e.g. 14 days depending on urgency.
- Consider the local court (court): file suit if the landlord does not comply.
FAQ
- How quickly must I report damage as a tenant?
- As soon as possible: in case of immediate danger report immediately; otherwise within a few days in writing with evidence; contractual or insurance deadlines may be shorter.
- Can I reduce the rent because of damage?
- Yes, in case of significant impairment there is a right to reduce rent under the BGB; the amount depends on the severity of the defect and should be documented.
- What documents does the local court need?
- Complete documentation: correspondence with the landlord, photos, invoices, insurance documents and, if applicable, expert reports or witness statements.
How-To
- Create photos and evidence (photo): fully document all damages.
- Inform the landlord in writing (notice): name defect, date and deadline.
- Contact the insurer (payment): report damage and provide claim number.
- Arrange access for repair (entry): agree on an appointment and document it.
- Monitor deadlines (deadline): note responses and respect time limits.
- Consider legal action (court): if blocked, consider filing at the local court.
Key Takeaways
- Documentation is the most important protection for tenants after damage.
- Written defect notices with deadlines improve chances of remedy.
- The local court is the usual first instance for tenancy disputes.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Mietrecht §§535–580a
- Zivilprozessordnung (ZPO) – Klageverfahren
- Bundesgerichtshof (BGH) – Entscheidungen
