Tenant Rights for Parquet Damage in Germany
As a tenant in Germany you often wonder who pays for parquet damage and how to proceed correctly. This article explains step by step how to assess parquet damage, secure evidence, notify the landlord within deadlines, and demand necessary repairs or reimbursement. You will receive practical advice on wording in defect notifications, on deadlines and official forms, and tips when a rent reduction is possible or when a court should be involved. We briefly address the relevant sections of the BGB (e.g. §§ 535–536) and name authorities and courts such as the local court (Amtsgericht) that are responsible in a dispute. At the end you will find a step-by-step guide and links to official forms.
When is the tenant liable?
Whether you as a tenant are liable for parquet damage depends on cause and care. Under the BGB, the landlord has the duty to maintain the rental property, the tenant is liable for culpable damage.[1] In the first instance, disputes are handled by the local court (Amtsgericht).[2]
- If damage was intentional or caused by gross negligence, the tenant is generally liable.
- Normal wear and tear from agreed use is usually not charged to the tenant.
- If the tenant fails to perform required care or does not report damage, liability can arise.
- For construction defects or hidden defects, the landlord may be required to cover costs.
Documenting damage and deadlines
Good documentation increases your chances of a fair outcome. Record when you discovered the damage, take photos from several angles, collect invoices and receipts for contractor contacts, and keep messages with the landlord.
- Secure photos and videos with dates and save multiple perspectives.
- Notify the landlord in writing immediately and set a reasonable deadline for repair.
- Document all communication by email or registered mail.
Repairs, cost coverage and forms
There are no uniform federal mandatory forms for many steps, but template letters and official guidance can help. If you consider termination or legal action, there is a sample termination letter from the Federal Ministry of Justice. For court procedures you will find forms and guidance at the competent local court.[3][2]
Examples of useful documents and letters:
- Defect notification (informal but written): Describe the damage, date and request a deadline for remediation.
- Sample termination letter (BMJ): Use only for severe, persistent defects and after legal review.
- Cost estimate/invoice from a tradesperson: Present this to the landlord if you claim reimbursement.
Common steps before court
First try to reach an amicable solution: set a deadline, share cost estimates, consider mediation. If this fails, a lawsuit at the local court may follow; observe procedural deadlines and rules of evidence.
FAQ
- Who pays for the repair if the parquet is damaged?
- It depends on cause and fault: for culpable damage usually the tenant, for age-related wear or defective equipment usually the landlord.
- Can I reduce the rent because of parquet damage?
- A rent reduction is possible if usability is impaired. Amount and start depend on the individual case and legal assessment.
- What deadline should I set for the landlord?
- Set a reasonable deadline for remedy; when in doubt, 14–28 days is common, shorter for urgent dangers.
How-To
- Document the damage immediately with dated photos.
- Inform the landlord in writing (email or registered mail) and set a deadline.
- Obtain cost estimates from tradespeople and present them to the landlord.
- Consider legal protection insurance or free legal advice if unclear.
- If no agreement: consider filing at the local court and submit evidence.
Key takeaways
- Thorough documentation and timely written notice are essential.
- Start with a clear defect notice and reasonable deadline before legal steps.
Help and Support
- BGB § 535: Duties of the landlord
- Justice portal: Local courts and responsibilities
- Federal Ministry of Justice: templates and guidance
