Tenants in Germany: Check Elemental Damage 2025
As a tenant in Germany you are protected, but with elemental damage such as flooding, storms or landslides the question often arises: who pays? This text explains clearly how to check whether your liability or household insurance covers the damage, what duties landlords and tenants have and which deadlines apply for reporting and repair. You will get clear steps for documenting the damage, notifying insurers and landlords, and guidance on rent reduction, claims and possible legal proceedings. The aim is that as a tenant you quickly know your rights and how to act practically and legally secure. At the end you will find links to official forms, courts and practical sample letters for quick response.
What to do after elemental damage?
First secure life and health, then document the damage thoroughly. Take photos and videos, note time and date and store damaged items separately. This documentation is important for communication with landlord and insurer and as evidence for later claims.
Detailed documentation increases your chances in insurance or legal disputes.
- Take photos and videos of the damage and note date/time.
- Inform your landlord immediately and prepare a written damage report.
- Notify your insurer: inform household or liability insurance and check coverage conditions.
- Temporarily secure damage (e.g. stop water, protect furniture) and collect receipts for repair costs.
- For rent reduction, claims or eviction suits check deadlines and jurisdiction and prepare legal steps if necessary.
Keep all receipts and communication records organized in one place.
Rights and obligations: Who pays?
Basically the landlord is obliged to maintain the rented property in a contractually agreed condition; specific rules can be found in the BGB.[1] Whether insurances pay depends on the contract terms of household or liability policies. Check the coverage clauses, add-ons (e.g. elemental damage coverage) and notification deadlines carefully.
In many cases the landlord is liable for persistent defects, the tenant handles short-term protective measures.
If claims cannot be settled amicably, the local court (Amtsgericht) is competent for tenancy disputes; the rules of the ZPO apply to lawsuits.[2][3]
FAQ
- What is elemental damage?
- Elemental damages are damages caused by natural events such as flooding, storms, heavy rain, landslides or earthquakes.
- Does household insurance always cover elemental damage?
- Not automatically: elemental damages are often insured only with an add-on. Check your policy and report damages immediately.
- Can I reduce the rent if the apartment becomes uninhabitable?
- Yes, a rent reduction may be possible for significant impairments; keep evidence and documentation as proof.
How-To
- Secure people first and document the extent of damage with photos, videos and written notes.
- Inform your landlord in writing immediately and report the damage to your insurance at the same time.
- Observe reporting deadlines to landlord and insurer so that claims are not forfeited.
- Use official forms or template letters for damage reports and inventory lists.
- Arrange necessary immediate measures to limit damage and document costs.
- If necessary, prepare legal action and file a lawsuit at the competent local court.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – legal rules on tenancy
- Zivilprozessordnung (ZPO) – court procedures
- Information on local courts and jurisdiction
