Tenants: New Value or Actual Value in Germany

As a tenant in Germany, it is important to know whether your insurances pay replacement cost (new value) or actual/used value. New value often covers the cost of new items, while actual value deducts age and wear. For household and liability cases, the choice directly affects reimbursements, deductibles and potential rent reduction situations. This article explains clearly when replacement cost is sensible, when actual value is more practical, how policy conditions, deadlines and evidence preservation work, and which steps tenants should take when reporting damage, documenting and communicating with the landlord or court. At the end you will find a how-to guide and official links to laws and forms in Germany. Keep receipts, photos and dated estimates, and respond within insurance or legal deadlines.

What does new value and actual value mean?

New value means the insurer replaces damaged or destroyed items at the price of new goods. Actual value means the current value after deducting age and wear. For tenants, this can make a big difference for household contents, lost keys or damage caused by third parties.

Practical consequences for tenants

• Reimbursement of household contents (payment): Whether you can buy new furniture or only receive a partial refund depends on new value/actual value.
• Deductible and costs (payment): Higher replacement-cost coverage can come with higher premiums.
• Observe deadlines (deadline): Reports to the insurer and inquiries to the landlord must be made within statutory or contractual deadlines.
• Evidence preservation (evidence): Photos, receipts and estimates are crucial for the amount of reimbursement.
• Court proceedings (court): If agreement with insurer or landlord fails, local courts (Amtsgericht) or higher courts decide.

Important laws and courts

German tenancy law is regulated in the Civil Code (BGB), especially regarding landlord and tenant duties (§§ 535–580a).^[1] For court procedures the Code of Civil Procedure (ZPO) applies to actions such as eviction claims or payment suits.^[2] Case law can reach the Federal Court of Justice (BGH); rulings there often set important precedents.^[3]

Forms and templates for tenants

Important official forms and templates tenants should know:

• Termination letter (template from the Federal Ministry of Justice, BMJ) – used when a tenant or landlord ends the tenancy; example: a tenant gives timely notice due to a job relocation.^[4]
• Application or complaint for eviction or payment at the local court – used if amicable settlement fails; example: landlord files eviction due to unpaid rent.

Steps after damage (short)

• Document the damage immediately with photos, date and an inventory list.
• Report the damage in writing to your insurer and inform the landlord.
• Obtain estimates and submit receipts to support new value or actual value calculations.
• Observe deadlines for claim notification and submission of documents.

Frequently Asked Questions

What does the household insurance pay for new value?

With replacement cost, damaged or destroyed items are replaced by equivalent new items or their new purchase costs are reimbursed.

Does the landlord have to pay new value or actual value for damages?

The landlord is liable only for his duties; insurance matters are determined by the policy. For rent reduction or damages, the landlord can be held liable regardless of the insurance type.

Which deadlines must I as a tenant observe?

Damage notifications to insurer and landlord should be made "without undue delay"; for court claims there are longer statutory limitation periods under the BGB.

How-To

1. Step 1: Document the damage with photos, dates and an inventory list.
2. Step 2: Report the damage in writing to the insurer and inform the landlord.
3. Step 3: Request estimates and provide receipts for new value or actual value assessment.
4. Step 4: Respond to inquiries within stated deadlines and keep copies of all documents.
5. Step 5: If a dispute remains, seek advice and consider filing a claim at the local court.

Key Takeaways

• Replacement cost covers new purchases; actual value deducts for age and wear.
• Good documentation improves your chance for full reimbursement.
• Missing deadlines can endanger your claims.

Help and Support / Resources

• Gesetze im Internet – BGB and ZPO overview
• Federal Court of Justice (BGH) – decisions and information
• Federal Ministry of Justice (BMJ) – forms and guidance

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)
4. [4] Bundesministerium der Justiz (BMJ) – Forms and guidance