Water damage in a rented flat can be equally unpleasant for tenants and landlords. The question of who pays for the damage depends on various factors, such as the cause of the damage and the respective insurances of the parties involved. In this blog article, we explain what steps should be taken in the event of water damage and who is ultimately responsible for the costs, especially if the flat is managed by a management company.
Causes of water damage
Water damage can be caused by various events, including
- Pipe bursts: Damaged or aged pipes can burst and release considerable amounts of water.
- Leaky roofs: Heavy rain or snow can cause roofs to leak and allow water to enter the home.
- Defective household appliances: Washing machines, dishwashers or refrigerators can lose water due to defects.
- Blocked drains: Overflowing or blocked drains can lead to water damage.
Obligations of the tenant in the event of water damage
In the event of water damage, the tenant must act immediately to avoid major damage:
- Limit the damage: Take immediate measures, such as switching off the water and drying the affected areas.
- Inform the landlord or management company: The landlord or the responsible management company must be informed of the water damage immediately. This can be done by telephone, but should also be documented in writing (by e-mail or registered letter).
- Document the damage: Take photos and videos of the damage to record the situation.
- Notify the insurance company: Depending on the cause of the water damage, your own household contents insurance or liability insurance should be informed.
Role of the management company
If the flat is managed by a management company, it usually takes on many tasks that would otherwise be carried out directly by the landlord. These include
- Damage management: The management company coordinates the repairs and rectification of damage. It commissions tradesmen and ensures that the work is carried out promptly.
- Communication: The management company acts as a point of contact for tenants and insurance companies. It informs the landlord and ensures that all necessary measures are taken.
Responsibility of the landlord
The landlord is generally responsible for the maintenance of the flat and the building structure. If the water damage was caused by a structural defect or a defective installation item, the landlord is obliged to rectify the damage. This includes
- Repairing the cause of the damage: The landlord or the management company commissioned by him must repair the burst pipe or have the roof sealed.
- Removal of consequential damage: Damage to the fabric of the building, such as damp walls or mould growth, must be repaired by the landlord or the management company.
Insurance companies and their responsibilities
In most cases, various insurance companies are involved:
- Building insurance: This insurance is taken out by the landlord and covers damage to the building caused by water damage.
- Household contents insurance: Tenants can take out household contents insurance to cover damage to personal belongings caused by water.
- Liability insurance: If the tenant causes the water damage themselves, for example due to an overflowing bathtub, their liability insurance may cover the damage caused.
Who pays what?
The distribution of costs depends on the cause of the water damage and the insurance companies involved:
- In the event of structural defects: The landlord is obliged to repair the damage and the building insurance covers the costs.
- In the event of self-inflicted damage: The tenant is liable and his liability insurance could cover the costs.
- In the event of damage to the tenant's personal belongings: The tenant's household contents insurance will cover the replacement.
Conclusion
Water damage in a rented flat is always an unpleasant affair. It is important to act quickly and take the right steps to limit the damage and clarify responsibilities. If a management company is involved, this often makes the process easier, as it takes over the coordination of repairs and communication with all parties involved. Good co-operation between the tenant, landlord, management company and the insurance companies involved means that the damage can be repaired effectively and the costs distributed fairly.
