Water damage caused by a guest: who is liable
Water damage caused by a guest: who is liable
A guest is liable for water damage they caused. It gets hard when the damage could also stem from a pre-existing condition.
An overflowing bath or a window left open in the rain is attributable. Moisture behind tiles or under flooring almost never is, unless the starting condition was documented.
German law of obligations, §§ 280, 249 BGBIn 60 seconds
The guest is liable where they caused the water damage, for instance an overflowing bath or a window left open during rain.
For a technical defect such as a burst hose the guest is not liable. As owner you carry the risk of the installation.
So the dispute is almost always about the cause. Moisture damage that could also be older is hard to attribute without a documented starting condition.
Notify your buildings or contents insurer immediately, regardless of the liability question. The duty to mitigate starts at once.
Capture the condition before drying begins. After remediation the cause is often no longer reconstructable.
Legal framework
A party who culpably breaches a contractual duty must compensate the resulting loss. Where the loss stems from a defect in the property itself, there is no breach by the user. The burden of proving causation and amount falls on the claimant.
Who carries what
| Cause | Who carries it |
|---|---|
| overflowing bath, window open in rain | the guest |
| burst hose, failed seal | you as owner |
| moisture of unclear origin | whoever can evidence the cause |
How to prove damage is new is in Proving damage in a holiday flat; which insurance responds is in Holiday let insurance.
Common mistakes
After drying the cause is often no longer determinable. Document beforehand.
Without a starting condition, pre-existing damage cannot be ruled out.
Notification is due immediately, independent of the liability question.
What to do next
Capture the condition fully before drying begins. Do it with BildProof, about two minutes a room →
Notify the insurer immediately, regardless of liability.
Include damp-prone areas in every turnover capture.
Frequently asked questions
The guest says the pipe was already leaking. Who is right?
The cause decides, and the burden of proving it is yours. Have the affected area professionally assessed before remediation and document it fully. A regularly captured condition of the damp-prone areas helps further.
Should I contact the insurer or Airbnb first?
The insurer, immediately. Notification is independent of whether the guest is liable. An Airbnb claim runs in parallel and is bound by its deadline of 14 days or the next check-in.
What if the damage only becomes visible weeks later?
Attribution becomes difficult, because other guests have stayed since and the Airbnb deadline has long passed. What remains is a civil claim against the guest, and that stands or falls on how the condition was documented at each turnover.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.