How a water damage affects the landlord

In almost all cases, a landlord is affected by a water damage in his building. Even if the polluter is a renter, the landlord must notify his building or liability insurance if necessary after taking note. The landlord is obliged to repair and rectify defects to third parties.

Minor and minor damage

In the case of a minor water damage that has not damaged any masonry, the landlord is only involved if damage has been caused to his property. These include floor coverings, interior plaster on walls and ceilings and possibly loaned furnished furnishings.

If the water damage concerns only the property of the tenant, the landlord has no obligation to cooperate and must not be informed. The only possible insurance cover is guaranteed in this case by the home contents insurance of the tenant.

Registration at the landlord

As soon as the damage to water affects another party in addition to the polluter, the landlord is obliged to cooperate and he must be notified of the water damage. Typical constellations are moisture that has penetrated the masonry and the escape of moisture in neighboring apartments and common areas.

If, for example, a water damage has occurred on the ceiling of one of the causative parties, the landlord must inform the building insurance company. From the water damage often arise additional claims for rent reduction, which affect the landlord.

The tenancy law assigns the water damage to its cause and the parties concerned. Small damages can only hit the individual tenant and have no legal relevance for the landlord. A Wohnwert- and resulting rent reduction is not justified.

If the building or masonry is damaged and the tenant has caused the water damage, a legal relevance arises between the tenant and landlord and their respective insurance. The lead insurance and who pays which part of the water damage results from the cause of the water damage.

Damage to third parties such as residents and neighbors creates a legal relationship between all parties and their insurance companies. In the case of divergent opinions on evaluation and measures, the sworn expert of the lead insurance company has the role of the arbitrator.

Tips & Tricks

As a landlord, you should consider extending your standard building insurance to a natural hazard insurance. It includes a large number of additional causes such as flooding, flooding and backwater in case of water damage.

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