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Rental Damage and Liability Insurance: What the Policy Pays in Your Rented Flat

Rental Damage and Liability Insurance: What the Policy Pays in Your Rented Flat

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.

What Is Rental Property Damage – and What Is Covered?

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:

  • Floors (parquet, laminate, tiles) – e.g. from spilled paint or burn marks
  • Sanitary installations such as washbasin, toilet or bathtub
  • Doors, windows and permanently installed fitted kitchens
  • Walls, if the damage goes beyond usual signs of use

The Most Important Limit: Normal Wear and Tear Is Not Damage

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.

Typical Exclusions: Where Liability Insurance Does Not Pay

The Landlord's Movable Property

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.

Gradual Damage and Mould

Damage from persistently incorrect ventilation or slow moisture build-up is often excluded or disputed. Glass damage may also require separate glass insurance.

Wear and Intent

Intentionally caused damage is never insured; for gross negligence: only good policies pay in full – details on our page Liability Insurance & Gross Negligence.

Reporting Rental Damage: How to Proceed

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.

Frequently Asked Questions About Rental Damage

Does liability insurance cover damage to the fitted kitchen?

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.

How high should rental damage coverage be?

Ideally at the full general sum insured, but at least 300,000 euros. Low sub-limits are a typical weakness of older policies.

Does the coverage also apply to shared flats (WG) and subletting?

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


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