Water damage caused by a guest: who is liable?
When a guest is liable for water damage in a holiday flat, and how you show the cause.
The guest is liable for water damage they caused, not for a technical defect. Report the damage to your insurer straight away and record the spot before drying begins.
What to do after water damage?
The dispute is rarely about the amount, almost always about the cause.
- 1
Insurer first
Report the damage to your insurer straight away.
- 2
Before drying
Record the spot before drying begins.
- 3
Check the cause
Have the spot checked by an expert before repairs start.
- 4
Guest or defect
The guest is liable for an overflowing bath, not for a burst hose.
- 5
Older damp
Damp behind tiles or under the floor could be older.
- 6
Airbnb deadline
Ask the guest to pay within 14 days of checkout.
Already have damage?
Guest damaged something?
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Which rules apply
Under § 280 BGB the guest is only liable for a culpable breach of duty, and with a defect in the property itself there is none. On Airbnb, the Host Damage Protection Terms require you to ask the guest to pay within 14 days of checkout.
General information, not legal advice.
Frequently asked questions
The guest says the pipe was already leaking. Who is right?
That depends on the cause, and as host you have to prove it. Have the spot checked by an expert before repairs start, and record it.
Should I contact the insurer or Airbnb first?
The insurer, straight away. The claim against the guest runs alongside it: on Airbnb you ask the guest to pay within 14 days of checkout, and if they do not pay, you file the request to Airbnb within 30 days of checkout.
Is the guest liable for a burst hose?
No. For a technical defect, such as a burst hose, the guest is not liable. They are liable for water damage they caused, such as an overflowing bath.
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Next guest arriving soon?
Scan the flat before check-in and after check-out, bathroom and kitchen included. That way a claim rests on a comparison.
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