What to do first
Anyone who notices water damage in their home should first try to find the source and, if possible, turn off the water. However, this is usually only possible if, for example, a defective washing machine is the cause. In many cases the source cannot be found. Therefore, the landlord should always be informed immediately about the water damage. If necessary, he commissions craftsmen and organizes the renovation. The message can also be sent to the property management or caretaker, as they are in direct contact with the landlord. To document the damage, you should take photos and send them directly to the landlord. That saves lengthy explanations.
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Who has to pay
Drying, renovation, new furnishings – water damage costs a lot. As a rule, the person responsible has to pay. If damage to the apartment or building is responsible for the water ingress, the owner’s home insurance usually pays. For example, if the sanitary facilities are defective or if there is a burst pipe. If a neighbor caused the water damage, for example because his washing machine was defective, his personal liability insurance pays the costs. If you cause water damage in your own home yourself and furniture is damaged as a result, your own household insurance will normally pay for it in these cases. It is worthwhile to read the exact clauses in the insurance contract. As is so often the case with water damage, gross negligence is an exclusion criterion for acceptance by insurance companies. For example, if you leave the supply line to the washing machine permanently open without the Aquastop device, you are acting negligently and may have problems with the insurance company in the event of water damage.
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Is a rent reduction justified in the event of water damage?
Once the cause has been found and contained, it is time to repair the damage in the apartment. Most of the time, drying and ventilation devices must be provided that professionally dry out the wet walls and thus avoid additional mold formation. The devices often have to run for days or even weeks, ideally without interruption. The noise pollution should not be underestimated, and the devices take up a lot of space, which means that the rooms concerned can no longer be used or can only be used to a limited extent. For these reasons, a temporary rent reduction is appropriate. How high this rent reduction may be always depends on the individual case. Tenancy law experts recommend proposing a reasonable sum to the landlord and agreeing on a compromise. In the case of hardship, the reduction claim must be fought out in court. If you don’t know how to quantify the rent reduction, you can inquire at tenants’ associations and have a proposal made for individual cases.
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Inform the electricity provider about damage
The electricity costs incurred in operating the drying devices are not insignificant. More than 100 euros per week is not uncommon. Of course, these costs must also be borne by the person who caused the damage. Modern drying devices have built-in an intermediate meter for this purpose, which ultimately makes billing easier for the tenant. It is important to inform your own electricity provider about the water damage so that the additional consumption does not become the new calculation basis for the next billing and the monthly deductions are disproportionately increased. Some electricity providers require confirmation from the landlord that there has been water damage.
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Can the renovation costs also be passed on to the tenants?
Once everything is dry again, the last step in repairing the damage is due: renovation. Plastering, wallpapering, painting, laying the floor – no matter what work is necessary, the costs must be borne by the person responsible and destroyed electrical devices or furniture can also be replaced at their expense. The Passing on expenses for this to the tenant is not permitted, because it is not about cosmetic repairs – after all, in the state after the water damage, the apartment was not rented. In the case of renovation, it is also not permissible to repair the damage selectively, but at the end a uniform overall picture must be created without being able to see differences in color, for example.
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