Tenants: New Value vs. Actual Value 2025 Germany
As a tenant in Germany, it is important to know whether your insurance pays out at new value or actual (used) value. For damage to furniture, appliances or household contents, this distinction determines how much you will be reimbursed. This article explains in plain language what new value and actual value mean, how liability and household insurance handle coverage, and which steps you should take in the event of damage. I show you which deadlines apply, which documents help, and how to assert claims against insurers or landlords. The goal is that you, as a tenant, act with more confidence, know your rights and avoid costly mistakes. At the end you will find a step-by-step guide, frequently asked questions and official contacts in Germany.
New Value vs. Actual Value: What Tenants Need to Know
New value means that damaged items are reimbursed as if they were new. Actual value means that age and wear are deducted so the reimbursement is lower. Many household policies explicitly regulate this distinction; for liability insurance, the issue is often compensation for damage to third-party property.
- New value: replacement cost for an equivalent new product.
- Actual value: new price minus depreciation for age and wear.
- Important: check the terms of your household or liability insurance policy.
What the Tenancy Relationship Means
As a tenant, you must distinguish whether damage occurred to your own contents or to the rented property. Damage to your own household contents is usually covered by your household insurance; damage to the rental property may give rise to claims by the landlord. Therefore check: who owns the item and which policy applies?
Checking Insurance Coverage
How to check whether your policy pays new value or actual value:
- Read the policy terms and search for the terms "new value" or "actual value".
- Check damage limits, deductibles and exclusions.
- Call your insurer and ask for written confirmation of coverage.
Deadlines, Documents and Standard Forms
Report damages immediately and respect deadlines: many insurers require prompt notification. Note date, time and cause of damage, take photos and collect proof of purchase and condition. For legal actions a simple damage report is often sufficient; for court proceedings the rules of the Code of Civil Procedure apply[2].
If the Insurer Does Not Fully Pay
If the insurer refuses new value or offers only actual value, check:
- whether your receipt or proof of purchase shows the new price.
- whether the terms provide for specific deductions for age or use.
- whether an independent expert should be consulted (for larger disputes).
Rights and Duties from the Lease and Law
German tenancy law in the BGB regulates landlord and tenant duties, such as maintenance obligations (§§ 535–580a BGB)[1]. For disputes about eviction or payment the local court (Amtsgericht) is competent; appeals go to the regional court and for landmark decisions to the Federal Court of Justice (Bundesgerichtshof)[3].
FAQ
- Who pays for a water damage: tenant or landlord?
- It depends on cause and ownership. Damage to the rental property can be asserted by the landlord; for tenant-caused damage the tenant's liability insurance can cover the cost.
- Can I demand new value instead of actual value?
- Only if the policy provides new-value cover or specific conditions apply (e.g. new-value insurance); otherwise actual value often applies.
- Which forms do I need for an eviction suit?
- Courts provide forms for lawsuits; the Code of Civil Procedure governs procedures and deadlines[2].
How-To
- Report the damage immediately to your insurer and note the notification details.
- Collect evidence: photos, receipts, serial numbers and witness statements.
- Request written confirmation of coverage or denial and keep all correspondence.
- If disputed: set a deadline and consider legal advice or court action.
- Enforce claims or negotiate a settlement and record agreements in writing.
Help and Support / Resources
- Amtsgericht (court) – information on jurisdiction
- BGB §§ 535–580a (rent)
- Federal Court of Justice – landmark tenant rulings
