A burn mark in the parquet, a cracked washbasin, a damaged fitted kitchen: so-called rental property damage ("Mietsachschäden") is among the most frequent cases in private liability insurance. Since the apartment belongs to the landlord, damage to it is third-party damage – and that is exactly what liability insurance is for. What is covered, where the limits lie and what tenants should look out for – read on.
Germany's consumer advice centre sums up the core of private liability insurance: "The risks of everyday life are insured" (source: verbraucherzentrale.de, translated) – and that includes living in rented accommodation. Covered rental damage means damage to parts of the rented apartment permanently attached to the building, for example:
You are not even liable for signs of normal use: under Section 538 BGB, the tenant is "not responsible" for deterioration "brought about by use in conformity with the contract" (source: gesetze-im-internet.de, translated). Worn carpets, yellowed wallpaper or drill holes are therefore the landlord's business – you need neither insurance nor do you have to pay.
Furniture rented with a furnished flat is often only covered if the policy includes "rented/borrowed movable items" – a decisive point especially for expats in furnished apartments, which we check as standard at Spreefinanz.
Damage from persistently incorrect ventilation or slow moisture build-up is often excluded or disputed. Glass damage may also require separate glass insurance.
Intentionally caused damage is never insured; for gross negligence: only good policies pay in full – details on our page Liability Insurance & Gross Negligence.
Document the damage with photos, inform your landlord and report the claim without delay via our claim report (→ schadenmeldung). Do not admit fault and only commission repairs after approval.
Living in a furnished or sublet flat? Check in the Insurance Check whether rental damage is sufficiently covered, or book the free initial consultation.
Yes, if the kitchen is permanently installed and rented with the flat, it counts as rental property damage. Free-standing furniture is only covered with the corresponding policy inclusion.
Ideally at the full general sum insured, but at least 300,000 euros. Low sub-limits are a typical weakness of older policies.
Yes, rented is rented – WG rooms and sublet arrangements are rental property too. Make sure your policy does not exclude subletting.
Book your free initial consultation
Sources: Verbraucherzentrale: "Private Haftpflichtversicherung: Ein absolutes Muss für alle!" · Section 538 BGB – Wear and tear on the rented property, gesetze-im-internet.de · Updated: 2026