Documenting Water Damage: Tenants in Germany

A water leak in your rented flat is stressful and may require quick decisions. As a tenant in Germany you should document the damage factually, completely and in a way that holds up in court so you can prove what damage occurred, when you informed the landlord and which repairs are needed. This guide explains in plain language which pieces of evidence matter, which deadlines apply and how to involve official forms and the courts. We give concrete steps, examples of forms and notes on rent reduction as well as court proceedings before the local court, and tips on securing costs and proof. The language is kept simple and we explain terms such as rent reduction and deadline observance. At the end you will find an FAQ and a step-by-step guide you can apply directly.

How to document water damage so it is court-proof

Inform the landlord immediately in writing and record every step. Under the BGB the landlord is obliged to carry out repairs and tenants have rights if usability is impaired^[1]. In disputes you normally go to the local court (Amtsgericht); therefore keep all documents well organized^[2].

• Observe deadlines: Notify the landlord immediately and set a reasonable deadline for remedy where appropriate.
• Take photos and videos: Make overview and close-up shots of the damage from several angles.
• Create a damage log: Note date, time, location, extent and possible causes.
• Send a written defect notice: Describe the defect, demand repair and set a deadline; use registered mail if needed.
• Name witnesses: Record names and contact details of neighbors or craftsmen.
• Collect cost estimates and invoices: Keep offers, invoices and payment receipts.

Which pieces of evidence are important?

• Photos and videos with dates: Overviews, close-ups, affected furniture and floors.
• Written correspondence with the landlord: Save emails, letters and SMS in chronological order.
• Invoices and cost estimates: Before/after receipts and craftsmen offers.
• Witness statements: Short written statements from people who saw the damage.
• Moisture or mold measurement data: Expert reports or measurement logs if available.

Important forms and when they help

• Written defect notice (sample letter): There is no nationwide standard form; state the description, deadline for repair and possible consequences (e.g. rent reduction). Example: "I hereby report a significant water damage in the bathroom and set a 14-day deadline for repair." See guidance on justice or ministry pages for details^[3].
• Claim form for the local court (sample): If the landlord does not act, you can file a claim at the local court; use the court portals for form submission.
• Payment order / dunning application: For outstanding claims creditors can use the official forms in the judicial dunning procedure.

Regarding rent reduction, note the rules in §§ 535 et seq. BGB and keep precise records to calculate any reduction amount convincingly^[1]. The local court (Amtsgericht) is usually competent for such disputes; higher appeals go to the regional court or possibly the Federal Court of Justice for precedents^[2].

FAQ

Do I have to inform the landlord immediately?

Yes. Inform the landlord immediately in writing and document the time and content of the notification.

Can I reduce the rent if the flat is damaged?

In certain circumstances yes; the reduction depends on the extent of the impairment and should be documented with evidence.

Where do I go if I have a dispute with the landlord?

The local court (Amtsgericht) is usually responsible; you may also contact advisory centres or lawyers if a settlement is not possible.

How-To

1. Document the damage immediately with photographs.
2. Notify the landlord in writing and set a deadline for repair.
3. Organize all evidence: photos, logs, invoices and witness contacts.
4. Obtain repair cost estimates and keep offers safe.
5. Seek legal advice or contact local advisory services if needed.
6. If necessary, file a claim at the local court and present your dossier.

Key Takeaways

• Evidence with dates and receipts is decisive for rent reduction or court claims.
• Observe deadlines and notify the landlord promptly.
• Use official court portals and forms if out-of-court solutions fail.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Justizportal of the Federal States
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Justizportal des Bundes und der Länder
3. [3] Bundesministerium der Justiz und für Verbraucherschutz (BMJ)