Documenting Water Damage: Tenants in Germany
As a tenant in Germany, a sudden water damage can quickly lead to restrictions on apartment use, health risks and costs. This guide explains step by step how to document damage immediately and traceably, which deadlines are important in emergency procedures, and how to prepare rent reductions or fast legal measures. I show which photos, videos and written evidence are useful, how to notify the landlord correctly and which official forms or pieces of evidence help at the local court. The goal is that you as a tenant can enforce your rights and avoid unnecessary consequential damage without complicated legal knowledge.
First steps after discovery
- Take photos and videos of the damage from multiple angles, record date and time.
- Notify the landlord in writing immediately (email plus registered letter if possible) and briefly describe the damage.
- Perform emergency measures to limit damage (bucket under leaks, protect furniture) and keep receipts for expenses.
Important evidence and records
Collect all documents: tenancy agreement, handover protocol, payment receipts and all messages with the landlord. Note times, who was present and possible witnesses. Electronic photos should be dated or stored in a chronological folder structure.
- Preserve all photos and videos in original quality and create a backup.
- Send the damage report to the landlord in writing with confirmation of receipt.
- Name witnesses and record short written statements.
- Collect invoices for emergency repairs and keep receipts.
Landlord duties and tenant rights
The landlord is obliged to maintain the rental object in contractual condition and to remedy defects (BGB). For serious impairments you as a tenant can claim rent reduction or sue for remediation.
Deadlines and emergency procedures
If quick action is required, provisional relief or an emergency procedure can be applied for. The Code of Civil Procedure regulates court proceedings and the requirements for interim measures. Set clear deadlines in your defect notification (e.g. 7–14 days) and document that you granted time for remediation.
- Set a deadline for the landlord: in writing, state the deadline and the desired measure.
- In case of health hazards act immediately and, if necessary, arrange technical emergency measures.
- For emergency applications, have photos, cost estimates and a short statement of facts ready.
If it goes to court
Rental disputes are usually heard at the local court; in certain cases district courts are competent. In cases of high legal importance, decisions can reach the Federal Court of Justice. Prepare a clear file with evidence and witness details.
FAQ
- Can I reduce the rent if the apartment is affected by water damage?
- Yes, rent reduction is possible for significant impairments; the amount depends on the extent of the impairment and should be documented.
- Must I always inform the landlord first?
- Yes, notify the landlord immediately in writing; only in acute danger are immediate emergency measures permitted.
- Where do I file an emergency application?
- Emergency applications are filed at the competent local court; check local jurisdictions on the court website.
How-To
- Document the damage: create photos, videos, date, time and a short description.
- Notify the landlord in writing and set a deadline for remediation.
- Perform emergency measures, hire tradespeople if necessary and document costs.
- If needed, prepare an emergency application and submit documents to the local court.
Key Takeaways
- Thorough documentation is essential for rent reduction or court proceedings.
- Written communication and clear deadlines with the landlord matter.
- Special urgency rules apply when health risks are present.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) on gesetze-im-internet.de
- Code of Civil Procedure (ZPO) on gesetze-im-internet.de
- Federal Court of Justice (BGH) – information and decisions
