Water damage in a rented flat: who pays what?

What to do straight away as a tenant, which insurance pays for what, and what to record.

BildProof RedaktionUpdated 9/30/20263 min readGermany
In short

The landlord's buildings insurance usually pays for walls, floors and pipes. Your Hausratversicherung (contents insurance) pays for your belongings. Report the damage to your landlord and your insurer at once, and record every affected room before the drying and after the repair.

What to record after water damage

Your landlord and the insurer will ask for these details. Make sure your record covers each of them.

  1. 1

    Where the water came from

    Note the source of the water: a pipe, the heating, an appliance or the ceiling.

  2. 2

    Every room the water reached

    Record the walls, the floor and the ceiling of each affected room.

  3. 3

    Your wet belongings

    Record wet furniture, clothes and appliances before you throw anything away.

  4. 4

    When you told the landlord

    Note the date and time of your message to the landlord, and keep a copy.

  5. 5

    The drying machines

    Note when drying machines are running, in which rooms and for how long.

  6. 6

    The same rooms after the repair

    Record the same rooms again once the repair is done, so you can show the condition afterwards.

Why this matters

Water damage changes the flat in the middle of your tenancy. What the water damaged, and what the flat looks like after the repair, matters for the insurer, for the rent reduction and later for your Kaution (deposit).

General information, not legal advice.

Frequently asked questions

Do I have to pay for water damage myself?

The landlord pays for damage to the building, usually through their buildings insurance. If you caused the damage yourself, for example with a leaking washing machine, your personal liability insurance may be the one that pays.

Who pays for my wet furniture?

If you have a Hausratversicherung, it pays for your wet furniture. The landlord's buildings insurance only covers the building, not your belongings.

Can I reduce the rent after water damage?

The rent is reduced by law for as long as the damage affects the flat (§ 536 BGB), provided you reported the damage. If you are not sure how much, pay the rent under reservation until the amount is settled.

More on this

Also in this topic: No Energieausweis shown? Your rights as a tenantDo tenants in Germany need liability insurance?Noise & Ruhestörung in a German rental: your rightsMängelanzeige model letter to your landlordAll guides: Rights & duties

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