Tenants: New-for-Old vs. Time Value in Germany
As a tenant in Germany, you often face decisions about whether replacement cost (new-for-old) or depreciated (time) value will be reimbursed for damage. This distinction affects your claims against liability and household insurance, potential cost contributions, and how quickly you can restore your previous living standard. The following guide explains in plain language what both values mean, when insurers typically pay replacement cost, which deadlines and documents you need, and which legal foundations in the BGB and courts are relevant. At the end you will find practical steps, sample forms and where to reach official forms and courts so you can check your rights securely, budget-friendly and without a lawyer.
What do replacement cost and time value mean?
Replacement cost denotes the amount required to procure a damaged item new. Time value is the new price minus age- and wear-related depreciation. For tenants, the distinction works like this: in total losses or for modern, well-kept furnishings replacement cost may apply; for old furniture or heavily worn items, time value is more likely.
Insurances: Liability & Household Insurance
Liability insurers usually pay the replacement needed by the injured party at the time of damage; household insurances can reimburse either replacement cost or time value depending on the contract. Read your policies carefully: terms like "replacement cost clause" or "time value regulation" are decisive. If unclear, request a written performance justification.
- Form: Report the damage to the insurer immediately in writing and request a confirmation.
- Documents: Collect purchase receipts, photos and maintenance records as proof of condition and age.
- Deadlines: Report the damage within contractual time limits and respond promptly to inquiries.
- Contact: Note names and phone numbers of claims handlers for later reference.
Rights and legal foundations
As a tenant you have claims against third parties (e.g., the tortfeasor) and against insurers; in disputes §§ 535–580a BGB are central for tenancy law and the duties of landlords and tenants[1]. Procedural steps such as an eviction suit or payment claim follow the Zivilprozessordnung (ZPO)[2]. For legal interpretation and precedents, local courts and the Federal Court of Justice (BGH) play a role[3]. If documents and deadlines are correct, a mutually agreeable solution is often possible without a lawyer.
FAQ
- When does household insurance pay replacement cost instead of time value?
- If your policy includes a replacement cost clause or the replacement cost can be proven within a contractually specified period; check your insurance terms carefully.
- Can the landlord demand compensation if my furniture is damaged?
- The landlord can claim damages from the party responsible or from your liability insurance, not automatically from the tenant without fault; in conflicts the local court may be competent.
- Which documents do I need for a replacement cost claim?
- Purchase receipts, photos before and after damage, repair invoices, and if possible witness statements increase the chances of success.
How-To
- Step 1: Document the damage immediately with date, time and photos.
- Step 2: Collect receipts: invoices, guarantees, purchase receipts and care instructions.
- Step 3: Report the damage in writing to the insurer and state whether you claim replacement cost or time value.
- Step 4: If benefits are denied: file an objection and consider a claim at the competent local court.
