I have caused damages in the apartment, who is responsible for it?
February 18, 2024 | 50,00 EUR | answered by Emma Richter
Dear lawyer specializing in tenancy law,
I am Benjamin Zimmermann and I am contacting you with a question regarding damages in my apartment. Due to my carelessness, some damages have occurred in my rental apartment, such as a water stain on the ceiling, scratches on the parquet floor, and a hole in the wall. Now I am wondering who is responsible for repairing these damages and who has to cover the costs.
The situation is that I caused the damages, whether it be due to a water leak, careless furniture movement, or an accident. The current state is that the damages need to be fixed in order for the apartment to be in a proper condition again. My concerns are that I may have to bear the costs of the repairs and I do not know how to handle this financially.
My question to you is therefore, who is responsible for the removal of the damages caused by me in my rental apartment. Are there any legal regulations or clauses in the rental agreement that are relevant in this case? What options do I have to minimize the costs of the repairs or to reach an agreement with my landlord?
I thank you in advance for your professional support and advice.
Sincerely,
Benjamin Zimmermann
Dear Mr. Zimmermann,
Thank you for your inquiry regarding the damages in your rental apartment. It is understandable that you are concerned about who is responsible for the removal of the damages and who must bear the costs. In general, tenancy law regulates such cases and determines which party is responsible for which type of damages.
In principle, the tenant is responsible for damages that they have caused themselves. This includes damages such as a water stain on the ceiling, scratches on the parquet floor, and a hole in the wall that have occurred due to carelessness or their own fault. In your case, this means that as a tenant, you are responsible for the removal of these damages.
Regarding the costs of the repairs, it is important to review your rental agreement. Often rental agreements contain clauses that determine who is responsible for which type of damages. It may be stipulated there that the tenant must bear the costs for the removal of damages they have caused. In this case, you would be obligated to bear the costs for the repairs.
To minimize the costs of the repairs or reach an agreement with your landlord, you could, for example, have a conversation with your landlord. Perhaps they are willing to contribute to the costs or enable you to make installment payments. It is generally advisable to seek a solution in agreement with the landlord to avoid conflicts.
In any case, I recommend that you contact your landlord in a timely manner to discuss further steps. If you need legal advice or have further questions, I am at your disposal.
Best regards,
Emma Richter
Attorney specializing in tenancy law
