Wear and tear refers to normal, expected deterioration from regular use of a rented property. Liability insurance does not cover wear and tear because it is not caused by accidental damage. Tenants are protected by law from being charged for normal wear but may be responsible for minor repairs if their rental agreement includes a clause allowing the landlord to recover those costs.
What is wear and tear in a rental property?
Wear and tear is the natural and inevitable damage that occurs over time from normal use of a rental property or its furniture. It is expected and does not mean the tenant is neglecting the property.
Why is wear and tear not covered by liability insurance?
Liability insurance covers accidental damage caused by the tenant to another person's property or bodily injury. Wear and tear happens naturally over time and is not considered accidental damage, therefore, it's not covered.
What does the German Civil Code say about wear and tear?
According to paragraph §538 BGB of the German Civil Code, tenants are not responsible for deterioration of the rental property that results from normal use. Tenants pay to use the space and any included furniture, so landlords cannot charge for deterioration caused by normal wear and tear.
Can a landlord charge tenants for minor repairs?
Some rental contracts include a 'minor repairs' clause (Kleinreparaturen) requiring tenants to pay for small repairs costing typically between €70 and €120. These repairs are limited to items tenants frequently use directly, such as taps, plug sockets, or door handles. The landlord must make the repair first and may then recover costs from the tenant's deposit up to the agreed amount.
What are examples of damages covered by liability insurance?
Accidentally spilling red wine on the landlord's sofa and causing a stain.
Accidentally knocking over a paint jar and damaging the wooden floor while repainting.
What are examples of damages not covered by liability insurance?
Normal seat marks on the landlord's sofa from regular use over time.
Fading varnish and light scratches on wooden floors due to usual wear.
For example:
The kitchen tap is loose from daily use and starts to leak. The landlord should have this repaired. If the rental contract has a Kleinreparaturen clause, the landlord can deduct the cost of the repair from the deposit up to the amount in the contract and no more.
What should tenants do if they have questions or need help?
The insurance can only help with liability claims, questions regarding wear and tear deductions and disputes can be directed to a Mieterverein or tenancy lawyer.