Water Damage Checklist for Tenants in Germany

A water damage incident in a rental apartment is stressful for many tenants in Germany. A factual, court-ready documentation protects your rights, helps with rent reduction, repair claims and possible insurance cases. Here you will learn which pieces of evidence are important, how and when to inform the landlord in writing, which deadlines apply and how to create a file that holds up in court. The guide is aimed at tenants in shared flats and individual tenants alike and explains simple steps without complicated legal jargon. At the end you will find a checklist, a step-by-step guide on how to proceed and official links to relevant legal bases and forms so you can act confidently and enforce your rights.

What to do immediately

First take photos and videos of the damage and secure the hazard if possible. Document date and time and note who was on site (neighbors, janitor).

• Take photos and videos from multiple angles and note the time.
• Record the exact time of the damage (date and time).
• In case of danger (electricity, gas, collapse) inform emergency services first and avoid risks.

Which evidence to collect

The more complete the evidence, the stronger your position. Create a file with chronological entries.

• Photos of damage to walls, furniture and floors, with date stamps.
• Videos showing extent and spread of the damage.
• Written report to the landlord by email and registered mail or handover protocol.
• Receipts for emergency repairs, contractor offers and estimates of consequential costs.

Notify the landlord and deadlines

Inform the landlord immediately in writing and request necessary measures. State deadlines and demand confirmation of receipt.

• Send a written damage report by email and also by registered mail.
• Set a reasonable deadline for defect repair and document the deadline.
• Record phone calls with date, time and content.

If the landlord does not respond

If there is no response, check your rights under the German Civil Code (BGB) for defects and rent reduction and, if necessary, civil procedural steps under the ZPO. ^[1][2]

• Deadline passed? Request remediation again in writing and set a final deadline.
• If the landlord continues to refuse, you can file a lawsuit at the competent local court; rental disputes are usually handled by the Amtsgericht. ^[3]
• Check coverage by liability or household insurance and present receipts.

Court-ready filing and evidence preservation

Arrange documents chronologically: reports, photos, offers, invoices, correspondence. Note every action and conversation in the file.

• Create a short intake protocol with time and date for each new document.
• Store digital documents in a folder with regular backups.
• Record names and roles of contact persons in writing.

Checklist for court-ready documentation

• Collect photos, videos, date/time and witness statements.
• Send written report to the landlord by email and registered mail.
• Set deadlines and document their expiry.
• Secure invoices, estimates and insurance documents.

FAQ

Can I reduce rent if rooms are uninhabitable due to water damage?

Yes, tenants can reduce rent if usability is significantly impaired. Refer to the BGB rules and carefully document extent and duration of the defect.

How should I notify the landlord about the damage?

In writing with date, description of the damage, photos and a reasonable deadline for repair. Send the notification by email and additionally by registered mail or hand it over with confirmation of receipt.

Who do I contact if the landlord does not act?

If deadlines expire without result, a lawsuit can be filed at the competent local court; in serious cases seek legal advice.

How-To

1. Take photos and videos immediately and note date/time.
2. Draft a formal damage notification to the landlord and send it by registered mail.
3. Collect quotes and invoices for repairs and keep receipts.
4. Set a clear deadline for repairs and document the landlord's inaction.
5. If there is no reaction: prepare court documents for the local court or consult legal counseling.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de