Nice to have you here
at WG-Gesucht.de!
at WG-Gesucht.de!
Select Credit Report
Please choose a provider for your credit report.
Compensation for Damages – When Landlords Are Liable
If a defect in the apartment damages the tenant’s property, the landlord may be liable — especially if they are at fault or fail to fix the issue in time.
Tenant’s Right to Compensation under § 536a BGB
In addition to rent reduction and reimbursement of expenses, tenants have a right to claim compensation for damages (§ 536a(1) BGB). This applies when a defect in the rental property causes damage to the tenant’s belongings — such as furniture, clothing, or electronics.
The key requirement is that the landlord is responsible for the defect, meaning they acted negligently or failed to fulfill their maintenance duties. Landlords are obligated to keep the property in a condition suitable for normal use throughout the tenancy.
Fault and Strict Liability
Generally, a landlord is only liable if the damage occurred due to their fault — for example, if they caused the defect or ignored it despite being informed.
However, if the defect already existed when the lease was signed, the landlord bears strict liability (known as Garantiehaftung). In such cases, they must compensate the tenant even without fault. This rule particularly protects tenants when the apartment was already defective at the beginning of the tenancy.
Landlord’s Delay and Self-Repair
If the landlord fails to remedy the defect within a reasonable time, the tenant can place them in default. This requires a written notice of the defect and a deadline for repair.
If the landlord still doesn’t act, the tenant may fix the problem at their own expense and demand reimbursement of costs (§ 536a(2) BGB). The tenant should clearly state in their written notice that, after the deadline, they will hire a repair service at the landlord’s expense.
Tenant’s Duty of Care
Tenants must also act carefully when arranging repairs. Before commissioning work, they should obtain multiple cost estimates and ensure the prices are reasonable. Hiring an overpriced contractor can be considered shared fault, reducing the tenant’s reimbursement claim.
All communication with the landlord — including notices, deadlines, and invoices — should be documented in writing. This documentation is crucial to successfully claim compensation in case of dispute.
Frequently Asked Questions about Compensation
When is a landlord liable for damages?
If they caused the defect or failed to fix it despite being notified — for example, in cases of heating failure, leaks, or water damage.
What is the landlord’s strict liability?
It applies when the defect existed at the start of the lease. The landlord must compensate the tenant even without personal fault.
What if repair costs are too high?
If the tenant hires an excessively expensive contractor without comparison offers, they may have to cover part of the costs themselves.
Topics of this article
The article
Compensation for Damages – When Landlords Are Liable
published in
Tenancy law
category is protected by copyright. Any use of this text, in whole or in part, requires the author’s written permission.
Advertise
Search