Tenants in Germany: New Value vs Depreciated Value
As a tenant in Germany you often must decide whether a damage claim is settled at new value or depreciated value and whether your liability and household insurance covers the loss. This guide explains in clear language how both valuation methods work, which documents matter, and how to check coverage cost-effectively. You receive a practical checklist, tips for proving value correctly, sample forms and deadlines that can be relevant before courts such as the local court (Amtsgericht) or regional court (Landgericht). The goal is that you as a tenant can enforce claims more securely and avoid unnecessary costs. The guide also cites important sections such as §§ 535–580a BGB and offers practical tips for sending photos, estimates and reports to your insurer.[1]
What is new value and depreciated value?
New value is the amount needed to buy an equivalent new item. Depreciated value takes account of age, wear and tear, and loss of value. For tenants in Germany this matters when furniture, electronics or fixtures are damaged: the insurer may pay new value or only depreciated value depending on the contract. Check your policy terms and record purchase date, prices and condition before the damage.
Which documents do tenants need?
- Photos of the damage and previous condition (evidence).
- Proofs of purchase, invoices or bank statements for new-value evidence (rent|payment).
- Date and time of discovery and a short damage report (deadline).
- Written notification to landlord and insurer with copies of all documents (notice|form).
- Repair estimates for repair or replacement (repair).
Check your insurance: liability & household
Differentiate private liability and household insurance: private liability covers damage you caused to others' property; household insurance covers your own household goods from storm, fire or burglary. Check policy clauses for new-value provisions, deductibles and exclusions. Record contact details of experts and keep all emails and letters. If unsure, request a written denial of benefits so you can later show the insurer's reasons.
Practical checklist for tenants
- Observe deadlines (deadline): report damage immediately and meet insurer deadlines.
- Notify in writing (notice): send notification by email and post with proof.
- Obtain repair estimates (repair): get at least two quotes.
- Collect receipts (rent|payment): secure purchase receipts and proof of payment.
- Create photos and an inventory (evidence): detailed records before deadlines.
How-To
- Document the damage immediately: take photos, note the date, witnesses and a short description (evidence).
- Inform insurer and landlord in writing and attach all documents (notice|form).
- Submit repair estimates or replacement offers (repair).
- If denied, file an objection in writing, note deadlines and request a written justification (rent|payment).
- Consider legal advice and, if unresolved, bringing the case to the local court (Amtsgericht) following the ZPO[2]; appeals can reach the BGH[3] (court|eviction).
FAQ
- What is the difference between new value and depreciated value?
- New value reimburses the amount for a new equivalent item; depreciated value reduces that amount by age and wear.
- Does liability insurance cover damage to rented property?
- Private liability covers damage you cause to others' property; household insurance covers damage to your own household items.
- When is a court case at the local court necessary?
- If the insurer unlawfully refuses benefits or the landlord enforces rights, proceedings at the local court may be necessary; follow the ZPO for procedure.[2]
Key Takeaways
- Documentation often matters more than verbal statements (tip).
- Compare policy terms before major purchases (approved).
- Keep deadlines and correspondence to protect your rights (safety).
Help and Support
- Find local courts (Amtsgericht) — justiz.de
- Federal Ministry of Justice — bundesjustizministerium.de
- Laws online: BGB & ZPO — gesetze-im-internet.de
