Damage in rental apartments is not uncommon – and this is especially true for fitter apartments that are used intensively by changing tenants. A scratch in the floor, a torn faucet, a broken window pane – such things happen in everyday life. What matters is not whether something is happening, but how it is dealt with. In the end, anyone who keeps silent about damage risks more than the one who openly reports them. And anyone who establishes clear processes as a landlord saves himself from lengthy discussions when moving out. This overview explains what is to be considered in the case of damage reports, how liability is regulated and what rights and obligations both sides have.
Report damage – the sooner the better
The most important rule for damage is: Report immediately. This applies both to damage caused by the tenant himself and to those that were already present when moving in or without any recognizable intervention – for example due to a burst water pipe or a defect in an electrical device.
Anyone who keeps silent about or postponed damage until later will be jointly responsible – even if they have not caused the damage. Because the longer a defect goes unnoticed, the greater the consequential damage can be. A small leak under the sink, which is ignored for weeks, can lead to significant water damage – and then the question of adhesion arises in a completely different way.
The notification should always be made in writing – by message, e-mail or via a reporting channel provided by the landlord. This creates clarity for both sides and is an important document in the event of a dispute.
What should be documented when moving in
Many conflicts arise when moving out because when they moved in, they failed to record the condition of the accommodation. It’s not time-consuming at all: A short tour of the smartphone, during which existing damage is photographed, is sufficient in most cases.
The following points should be checked and documented when moving in:
- Condition of floors, walls and ceilings
- Function of windows, doors and locks
- Condition of electrical appliances in the kitchen and bathroom
- Existing scratches, cracks or stains on furniture and surfaces
- Condition of the sanitary facilities
This documentation should be communicated to the landlord promptly after moving in – so that it is clear what was already there before the tenancy. If you miss this, you run the risk of being asked to pay for damage when you move out that you didn’t even cause.
Liability – who pays for what?
The question of liability is generally regulated in German tenancy law, but often complex in detail. The most important principle: Tenants are liable for damage caused by them – i.e. through negligence or intention. However, the tenant is not liable for normal wear and tear caused by the contractual use of the apartment.
What counts as ‘normal wear’ and what is not is often a gray area in individual cases. A worn carpet after several years of rental is usually normal wear and tear. It’s not a burn hole in the same carpet. A slightly faded wall painting after a long period of inhabiting is considered acceptable – not a smashed wall.
Liability for fitter’s apartments – special features
In the case of fitter accommodation, the same legal principles apply as for normal tenancies. However, there are some practical features. Since the fluctuation rate is high and several people often live in a fitter’s apartment at the same time, the allocation of damage to individuals is sometimes difficult.
Anyone who books fitter accommodation for employees as a company should be aware that in this case the client – i.e. the company – is often responsible for the landlord. This is especially true if the booking is based on the company name. It is advisable to set clear rules internally for dealing with the accommodation and to inform the employees accordingly.
Deposit and damage settlement
In many fitter apartments, a deposit is deposited when moving in. It serves the landlord as security in the event that damage occurs or there is no rent payments. The amount of the deposit is contractually regulated and may amount to a maximum of three net cold rents under residential tenancy law.
After moving out, the landlord has a reasonable period of time to check the accommodation and to document any damage. Eligible damage costs may be retained by the deposit – but only for damages caused by the tenant, and not for normal wear and tear. Anyone who, as a tenant, is of the opinion that deductions are unjustified can take action against it – preferably first in writing and, if in doubt, with legal support.
Practical handling of claims
In addition to the legal basis, it is above all the practical handling of damage that decides on the climate in the tenancy. In most cases, a tenant who reports damage openly and communicates in a solution-oriented manner will meet a landlord who reacts accommodatingly. On the other hand, anyone who tries to cover up things or blame them on the next tenant is not only risking the loss of the deposit, but also legal consequences.
The same applies to landlords in the other direction: Anyone who ignores reported damage or delays repairs unnecessarily violates their obligations as landlords. Tenants have the right to habitable accommodation – this applies to fitter accommodation as well as to any other tenancy.
Those who rent a fitter’s apartment directly from the landlord have the advantage of direct communication without intermediary platforms. This makes the quick clarification of damage cases much easier – provided that both sides treat each other openly and factually. In the end, landlords and tenants alike will benefit if damage is reported quickly, assessed fairly and quickly repaired.