Furniture damaged by a guest: repair or replace
Furniture damaged by a guest: repair or replace
Guests are liable for damaged furniture. Repair is owed first; replacement only where repair is impossible or uneconomic.
The usual dispute is not whether the guest is liable, but whether a chair leg gets repaired or the whole chair replaced, and whether the piece was intact to begin with.
German law of obligations, §§ 280, 249 BGBIn 60 seconds
What is owed is the economically reasonable route. If a piece can be repaired, repair is owed, not replacement.
Where repair is impossible or costs more than an equivalent replacement, replacement is owed, but at the depreciated value of the used piece.
For sets, such as six matching chairs, only the damaged piece is owed. Wanting a matching set does not create a claim for six new chairs.
A residual diminution in value after repair can be additionally recoverable, but has to be justified.
Furniture ages visibly. Without a capture of the piece from before the stay, a wobble or a tear is hard to attribute.
Legal framework
What must be compensated is the expenditure necessary for restoration. Necessary means what an economically reasonable injured party would spend, which is normally repair so long as it is possible and not disproportionate. Where replacement applies, the depreciated value governs.
The route in the right order
| Step | When |
|---|---|
| Repair | where possible and economic |
| Replacement at depreciated value | where repair is ruled out |
| Diminution in value additionally | where a residual loss remains after repair |
| Replacing the whole set | as a rule, no |
How depreciated value is determined is in Mattress stains; how to build the proof is in Proving damage in a holiday flat.
Common mistakes
What is owed is the damaged piece, not matching uniformity.
While repair is possible and economic, it takes precedence.
For used furniture the depreciated value governs.
What to do next
Include larger furniture pieces in every turnover capture. Do it with BildProof, about two minutes a room →
Obtain a repair quote before claiming replacement.
For replacement, disclose the age and original purchase value.
Frequently asked questions
One of six chairs is broken. Do I get six new ones?
No. What is owed is the damaged piece, not a matching set. That a replacement chair may not match exactly does not by itself create a claim for the other five. A residual diminution in the set's value can be argued case by case, but must be justified.
Must I repair, or may I replace?
While repair is possible and not disproportionately expensive, it takes precedence. Get a repair quote. If repair costs more than an equivalent used replacement, or is technically impossible, replacement is owed, at depreciated value.
How do I prove the piece was intact before?
With a capture of the same piece from before the stay. Furniture ages visibly, and a wobbling chair or a tear in upholstery could always be older. Capturing the larger pieces at every turnover gives you that evidence automatically.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.