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What is wear and tear and why isn't it covered by liability insurance?
What is wear and tear and why isn't it covered by liability insurance?

Understanding wear and tear: why liability insurance doesn't cover it and your landlord shouldn't charge you.

Chris avatar
Written by Chris
Updated over 6 months ago

As much as some people try to keep the space they're living in pristine, it’s very normal for there to be signs of usage, in fact, it’s expected and you're protected from being charged for this by the civil code.

What exactly is wear and tear?

Wear and tear is the damage that naturally and inevitably happens over time when you use something frequently. It's not an excuse not to tidy up or take care of the apartment you’re renting, it's what would inevitably happen if you use something as it should be used.


Paragraph §538 BGB (German Civil Code) says, that you as the tenant aren’t responsible for the deterioration of the rental property from normal usage. You're already paying to use the space and any furniture included in the contract and that's why your landlord shouldn't charge you for this.

Because liability insurance covers accidental damages that you might cause to somebody else (bodily injury) or their property, wear and tear, because it happens naturally, is not covered. Accidents are things that happen and have an immediate damaging effect. The policy assesses your legal liability for the damages and determines whether or not you should be paying for something in the first place.


Can my landlord charge me for some small repairs?

Some rental contracts have a 'minor repairs' clause “Kleinreparaturen,” that says you can be required to pay for small repairs usually between €70 - €120 even if it's not your fault. The landlord should fix them first and then can recover the costs from your deposit up to the amount stated in your contract. These minor repairs are limited to things that you have direct access to and make contact with frequently, for example, bathroom or kitchen taps, plug-sockets or door handles.

Here's an example:
Your kitchen tap is loose from general use and starts to leak. Your landlord should have this repaired for you. If your rental contract has a Kleinreparaturen clause, your landlord can deduct the cost of the repair from your deposit up to the amount in the contract and no more.


If you don't have this clause in your contract your landlord should still have this repaired for you and you shouldn't be asked to pay as this is normal wear and tear.

✅ Covered

  • You accidentally spilled red wine on your landlord's white sofa, leaving a large red stain. This would be covered by insurance because it was an accidental incident that you caused, resulting in damage.

  • You were repainting the walls and accidentally knocked over the paint jar, damaging your landlord's wooden floor. That would also be covered.

❌ Not covered

  • You’ve been using your landlord’s white sofa as intended, but over time, grey seat marks have appeared because you've sat in the same spot for the time you've been renting the place. Since you didn't do anything wrong and it's normal for things to age, this wouldn't be covered, and your landlord shouldn’t charge you for this.

  • Over time, light scratches appear and patches of varnish on your landlord’s wooden floors have faded due to normal use of the space. This also wouldn’t be covered by the policy and your landlord shouldn’t charge you for this.

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