Tenant Mythcheck: Damage & Rights in Germany
As a tenant in Germany, filing a damage report can quickly become stressful — especially for families on a tight budget. This guide explains in clear language when you must report damage, the role of liability and household insurance, and which deadlines apply with landlords, local courts, or insurers. You will receive practical tips for collecting evidence, template wording for damage reports and concrete steps to enforce repairs or reimbursements. We show which official forms are relevant, how to compare cost-effectively and when legal action makes sense. Read on for FAQs, a step-by-step guide and contacts for responsible authorities.
Report damage: fast & right
Report damage in writing and promptly. Under the German Civil Code (BGB §§ 535–580a), the landlord has maintenance obligations and the tenant must report defects.[1] Use email plus photo documentation and state a clear deadline for remedy. Send a brief letter or message stating the damage, date and requested deadline; templates can help.[3] In disputes the local court often decides as the first instance.[2]
Detailed documentation increases your chances of success in disputes.
Quick checklist before reporting
- Report the damage immediately and set a clear deadline (deadline) for remediation.
- Secure evidence: photos, dates, names of witnesses (evidence).
- Use a template (form) for the damage report and send it traceably.
- For acute defects that endanger health, request immediate repairs (repair).
- Inform your liability or household insurer promptly.
Keep all receipts and photos organized and in chronological order.
FAQ
- When must I as a tenant report damage?
- If a defect affects use, report immediately in writing with date, description and photos; refer to the rules in the BGB.[1]
- Should I inform my liability insurance first?
- Notify your liability or household insurer promptly if third parties are involved or damages are claimed; document the damage and reporting steps.
- When is it necessary to go to the local court?
- If the landlord does not respond or rent reduction or eviction is at issue, the local court often acts as first instance; civil procedure rules apply.[2]
How-To
- Note the date and time of the damage and report it in writing within a deadline (deadline).
- Photograph the damage thoroughly and collect evidence (evidence).
- Use an official form (form) or write a short damage report demanding remediation.
- Set a reasonable grace period and document every response from the landlord.
- If no solution is possible, consider legal action at the local court (court) or seek legal advice.
Respond to notices within deadlines, otherwise rights can be lost.
Help and Support / Resources
- BGB §§ 535–580a: Tenancy Law
- Information on Local Courts
- Forms and Templates at the Federal Ministry of Justice