Tenants: New vs. Current Value in Germany

As a tenant in a shared flat it is important to know whether your liability or household insurance pays replacement value (new value) or current value (depreciated value) in case of damage. In Germany this distinction determines whether damaged furniture is fully replaced or only the worn residual value is reimbursed. This directly affects your financial burden and possible claims from the landlord. This article explains simply how to check insurance contracts, which terms to watch for, which proofs (photos, receipts) help and how to proceed formally in case of uncertainty. The goal is that flatmates understand their coverage, meet deadlines and prepare legal steps at the local court if necessary and articulate claims clearly.

Understanding replacement value and current value

Replacement value means the insurer covers the cost of a comparable new purchase. Current value takes into account age, wear and remaining useful life so that only the current value is paid out. Check your policy for the terms "replacement value" or "current value" and for exclusions. In case of uncertainty, consult the legal foundations on tenancy law and warranty issues ^[1].

What this means for shared-flat tenants

Flatmates often share furniture, electronics and household items. It is crucial who is considered the injured party, whether the landlord asserts claims and which policy (liability or household) applies.

• Repairs or replacement (repair): clarify whether the policy covers repair costs or replacement purchases.
• Cost allocation (rent/deposit): contractually agree how roommates share expenses.
• Forms and notifications (form): submit the damage report to the insurer in time.
• Evidence and proof (evidence): collect photos, purchase receipts and condition documentation.

Practical steps: check coverage

1. Check the policy: read the insurance policy and look for "replacement value" or "current value" and the scope of cover.
2. Contact the insurer (contact): report the damage and ask specifically about reimbursement type and required forms.
3. Observe deadlines (deadline): submit the damage report within the deadline stated by the insurer.
4. Collect documentation (evidence): provide photos, inventory lists, invoices and witness notes.
5. In case of dispute: local court & evidence (court): if necessary, have claims reviewed at the local court and prepare a lawsuit ^[2].

Which official forms help?

There is no single nationwide template for every damage report, but authorities provide guidance and collections of forms for complaints or letters to insurers. For terminations or formal declarations there are templates at the Federal Ministry of Justice and on law sites; use these templates for clear wording ^[3].

FAQ

Who pays if a flatmate damages something?

In principle the person who caused the damage is liable. If they cannot pay, the flat can settle internally or the liability insurance can cover it if the coverage applies.

Does household insurance cover replacement value for shared furniture?

That depends on the contract: some policies pay replacement value, others only current value. Check the policy or ask the insurer.

What can I do if the insurer pays current value instead of replacement value?

Collect evidence, review contractual terms and consider a written objection to the insurer; in disputes a judicial clarification may be appropriate.

How-To

1. Prepare the damage report: note date, place, parties involved and damage description.
2. Attach proofs: collect photos, invoices and witness statements.
3. Contact the insurer: report the damage and request required forms.
4. Meet deadlines: submit report and documents on time.
5. If rejected, review options: consider legal advice and prepare a claim at the local court if necessary.

Help and Support / Resources

• BGB - Civil Code (Gesetze im Internet)
• Information on local courts and jurisdictions
• Federal Ministry of Justice – forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) at gesetze-im-internet.de
2. [2] Information on courts and jurisdictions at justiz.de
3. [3] Federal Ministry of Justice (BMJ) – forms and guidance