Tenant Guide: New Value vs Depreciation in Germany
As a tenant in a shared flat (WG) in Germany, it is important to know whether an insurer reimburses new value (Neuwert) or depreciation (Zeitwert) for damaged household items or shared furnishings. This decision affects how much compensation you receive and whether you must act quickly, for example after water damage, theft or fire. This guide explains in plain language what rights flatmates have, which deadlines apply and how to document damage, enforce claims with liability or household insurance, and, if necessary, involve the local court. Examples, practical template letters and official sources help you make quick decisions and avoid costly mistakes.
When does New Value vs Depreciation apply?
New value means replacement at the price of a new item. Depreciation accounts for age and wear and subtracts deductions. Insurance contracts and the nature of the damage usually determine which valuation applies. If negligent behavior or lack of insurance is suspected, a claim may lie against the person responsible, otherwise liability or household insurance handles the settlement. Read your policy carefully and check whether new value clauses or depreciation schedules are included [1].
First steps after a damage
- Take photos and videos of all affected items.
- Send a written damage report to the household or liability insurer.
- Observe insurer deadlines and any notification periods.
- Contact the landlord if the damage affects the apartment.
When preparing a damage report, a template helps: name the date, cause, scope of damage and attach photos. Request written confirmation of receipt and record all responses.
When is New Value preferable to Depreciation?
New value matters especially for short-lived or expensive purchases like electronics or WG furniture. For used items or long-term use, depreciation reduces compensation. Insurers often point to clauses on wear; check whether your policy specifies replacement periods (e.g., sofa 8 years). If you demand new value, support it with purchase receipts or invoices if available.
Example: Laptop stolen in a WG
If a two-year-old laptop is stolen, the insurer often calculates depreciation (new price minus use). If you have a purchase receipt and records of repairs, this increases your chances of approaching new value. Otherwise, a reasonable market price survey can help substantiate new value.
Forms and Authorities (official guidance)
For court steps and detailed legal bases we refer to official authorities and statute texts. Tenancy duties and landlord and tenant rights are regulated in the German Civil Code (BGB) [1]. Procedural matters, such as filing a lawsuit or an eviction claim, are governed by the Code of Civil Procedure (ZPO) [2]. The local court (Amtsgericht) at the place of residence is generally responsible for rental disputes [3].
FAQ
- Who pays if a flatmate causes damage?
- Generally the person responsible is liable. If they have personal liability insurance, it will settle the damage; absent that, flatmates or the landlord can assert claims directly.
- Can I demand New Value instead of Depreciation?
- It depends on your policy and the condition of the item. With receipts and justification you can insist on new value, but insurers usually check age and wear.
- What if the insurer refuses to pay?
- Collect evidence, request written refusal reasons and consider suing at the local court or seeking mediation through the insurance ombudsman.
How-To
- Report the damage in writing: include date, location, affected items and attach photos.
- Gather evidence: invoices, serial numbers, purchase receipts and witness statements.
- Check deadlines: insurer notification periods and possible litigation deadlines.
- If refused: file an objection and consider legal action at the local court.
Help and Support
- Justizportal of the Federal Government and the Länder
- Gesetze im Internet (Federal Ministry of Justice)
- Federal Ministry of Justice and Consumer Protection (BMJ)
