Tenant Rights: Natural Damage in Germany

What are natural (elementary) damages?

Natural damages are caused by natural events such as floods, heavy rain, storms, landslides or snow load. For tenants in Germany, such damages can severely restrict the use of living space. Key questions are who pays for repairs, whether rent reduction is possible and how insurance applies. Legal bases can be found in the BGB and procedural rules that may be handled before the local court.^[1]

Immediate steps after a damage

• Photograph the damage and secure evidence (photo).
• Inform the landlord in writing and report the damage (mail).
• Contact your insurer and submit a damage report (call).
• Carry out emergency repairs to prevent further damage (repair).
• Observe deadlines: reply to notices and questions within a few days (deadline).

Insurance and liability

As a tenant, household contents insurance covers your movable items; liability insurance can be relevant in special cases. The landlord is responsible for maintaining the apartment and fixing defects that affect usability. Check policies carefully: household contents covers furniture and personal items, the landlord is liable for the building structure. If unclear, document the policy and the notification to the insurer.

Forms, templates and legal steps

There is no uniform nationwide "rent reduction form", but parties use written pleadings and applications at the local court or regional court in disputes. If urgent decisions are required, the rules of civil procedure apply.^[2] In severe cases an eviction suit or claim for defect remediation may be necessary; such proceedings usually take place at the local court.^[4]

Rent reduction and legal basis

A rent reduction may apply if the living quality is impaired by natural damages. The legal basis for duties of tenants and landlords is in the German Civil Code (BGB).^[1] Important are documentation, setting a deadline for defect remediation and, if necessary, seeking advice from the local court or legal office. In disputes the rules of the Code of Civil Procedure (ZPO) apply.^[2]

Frequently Asked Questions

When can I reduce the rent?

If the usability of the apartment is significantly impaired, tenants can proportionally reduce the rent; courts decide case by case.

Who pays for repairs to the building?

The landlord is generally responsible for the building structure; damages from natural events may involve insurance specifics.

What if the landlord does not respond?

Document, set a deadline and consider legal steps; the local court is the first instance for tenancy disputes.

How-To

1. Secure evidence: take photos and videos of the damage and note the date.
2. Inform the landlord in writing and set a deadline for remedying the defect.
3. Report the damage to household contents and liability insurance and submit a claim.
4. Carry out emergency measures to limit damage and keep receipts.
5. Collect invoice copies and claim costs from the insurer or landlord.
6. Consider legal action and submit documents to the local court if disputes persist.^[4]

Key takeaways

• Document immediately: photos, dates, witnesses and receipts.
• Check insurance terms before initiating major repairs.
• Keep deadlines and communicate in writing to protect your rights.

Help and Support

• BGB in "Gesetze im Internet"
• Federal Court of Justice (BGH)
• Justice portal of the federal and state governments

1. [1] German Civil Code (BGB) – tenancy law provisions
2. [2] Code of Civil Procedure (ZPO) – rules for legal proceedings
3. [3] Federal Court of Justice (BGH) – judgments and case law
4. [4] Justice portal of the federal and state governments – information on local courts