Tenant Guide: Elemental Damage in Germany
As a tenant in Germany, flooding, heavy rain or storms can quickly affect the shared flat and personal belongings. This text explains how shared flats identify elemental damage, document losses and the role household and liability insurances play. You will read practical steps: what evidence helps, how to notify the landlord, which deadlines apply and when filing a claim with the insurer makes sense. The guidance is written for non-legal readers and lists official contacts and forms. The aim is that tenants achieve faster settlement through clear steps and limit financial losses.
What are elemental damages?
Elemental damages include flooding, backwater, heavy rainfall, landslides and storm consequences. In Germany the Federal Office for Civil Protection provides guidance on preparedness and typical scenarios.[4]
Immediate actions after damage
Act in an orderly way: secure people, stop follow-up hazards if possible and begin evidence preservation immediately.
- Take photos and videos of the apartment, inventory and affected areas.
- Inform the landlord or property management immediately and report the damage.
- Shut off open pipes or have electricity turned off to prevent further damage.
- Note deadlines: when the damage was discovered and when you reported it.
- Prepare inventory lists and purchase receipts and keep receipts for emergency expenses.
Insurance: household vs. liability
The household insurance covers personal belongings in the apartment for included elemental risks, while personal liability covers compensation if you damage third parties (e.g., neighbors). Check your policies carefully, because not every household policy automatically includes elemental damage cover.
Filing a claim with the insurer
When notifying the insurer, a structured file with photos, dates, inventory lists and cost estimates helps. In the initial report, describe the cause as precisely as possible.
- Sort all photos and documents and compile them in a digital or physical folder.
- Complete the claim form according to the policy requirements and attach the documents.
- Submit the claim within the deadline required by the insurer.
- If the insurer calls, note names and times of conversations for your file.
Legal action and forms
If claims cannot be resolved amicably, litigation is an option. Civil procedure and deadlines are governed by the Code of Civil Procedure.[2]
Form: "Claim form (civil procedure)" — you use this form to file a claim at the local court; a typical example is a damages claim against the landlord if the landlord breached maintenance duties and thereby aggravated elemental damage. The sample form is available on the justice portals.[3]
FAQ
- Does household insurance cover elemental damages?
- Only if elemental damage is explicitly included in your policy; otherwise an extension or add-on insurance is necessary.
- Who pays for water damage from a burst pipe?
- If the burst pipe resulted from neglected maintenance, the landlord may be liable; otherwise the tenant's household insurance covers personal items and liability may cover damage to third parties.
- When should I notify the landlord?
- Immediately after discovery; record the date and time of the notification and, if possible, confirm the message in writing or by email.
How-To
- Collect evidence: take photos, videos, inventory and purchase receipts.
- Inform the landlord and property management and obtain written confirmation of the report.
- Send the claim to the insurer and attach all documents.
- Track deadlines and respond to acknowledgements or decisions.
- If necessary, prepare legal action and use the claim form; check the competent local court.[1]
Help and Support / Resources
- [1]Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- [2]Justice portals: forms and civil procedure guidance
- [3]Federal Office for Civil Protection and Disaster Assistance (BBK)
