Proving Water Damage: Tenants in Germany

As a tenant in Germany, water damage is often a stressful situation, especially when quick repairs and rent reduction are necessary. In this text we explain clearly how to document damage, which deadlines apply in urgent proceedings and which pieces of evidence help in court or at the local court. You will learn when to inform the landlord in writing, how photos, reports and invoices serve as evidence and which forms or templates are useful when enforcing your rights. The guide is aimed at non-lawyers and lists concrete steps for securing evidence, communicating with the landlord and bringing matters before courts in Germany. We also show which official bodies can help.

What to do in case of water damage?

If water enters your accommodation, safety and collecting evidence come first. Document the damage and its consequences immediately, inform the landlord in writing and set deadlines. Expect that an urgent proceeding at the local court may be necessary if the landlord does not act quickly.

Document quickly

• Take photos from several angles and save filenames with the date.
• Note date, time and location of the damage.
• Name witnesses and record short statements in writing.
• Collect invoices, cost estimates and receipts.

Inform the landlord

Inform the landlord immediately in writing and request prompt defect remediation. Send the defect notice by e-mail and additionally by registered mail if possible. Set a clear deadline for remedy and state specific measures you expect.

• Send a written defect notice with date and precise description.
• Specify a concrete deadline for remediation (e.g. 7–14 days).
• Clarify the right of access for repair work and document consent.

Securing evidence for the urgent proceeding

For an urgent proceeding you need typical evidence: photos, written defect notices, witnesses, cost estimates and medical certificates for health damage. Legal bases include the German Civil Code (BGB) and the Civil Procedure Code (ZPO)^[1][2]. Rental disputes are usually heard in the first instance at the local court (Amtsgericht)^[3].

• Provide photos and timestamps.
• Collect written defect notices and landlord responses.
• Store invoices and cost estimates.
• Fix witness statements in writing.

FAQ

Can I reduce the rent immediately?

For a significant defect such as water damage, rent reduction may be possible. The amount depends on the impairment of use; inform the landlord in writing and document the defect in detail.^[1]

Do I have to wait for all deadlines before an urgent proceeding?

No. If there are acute damages or health hazards, an urgent proceeding under the ZPO can be requested; the local court decides on interim measures.^[2][3]

Which forms do I need?

For an urgent proceeding, courts often use their own application forms or require a complaint according to the ZPO; check with the competent local court or official justice websites.^[2][4]

How-To

1. Take photos of the damage immediately and secure timestamps.
2. Inform the landlord in writing and set a deadline.
3. Collect all invoices, cost estimates and receipts.
4. If there is no response, consider filing an urgent application at the competent local court.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO)
• German Justice - Portal to Courts
• Federal Court of Justice (BGH) - Decisions

1. [1] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Civil Procedure Code (ZPO) — Gesetze im Internet
3. [3] Information about local courts — Deutsche Justiz
4. [4] Court forms and information — Deutsche Justiz