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Emergency

Apartment fire: when is the tenant liable?

An apartment fire quickly raises the question of who covers the damage. Decisive is whether and how seriously the tenant is at fault, and which insurances apply. Often the interplay of building and liability insurance protects both sides.

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The tenant is liable for culpably caused damage to the rented property (§ 280 BGB). With only slight negligence, however, liability toward the landlord is often limited, because the landlord is protected by the building insurance.
The landlord's residential building insurance generally covers fire damage to the building. A tenant's private liability insurance steps in if the tenant is responsible for damage to third parties; the household contents insurance covers the tenant's own belongings.

What you should do now

  1. 1

    1. Safety first

    Ensure first aid, fire brigade and securing; do not endanger yourself.

  2. 2

    2. Document the damage

    Photograph the damage and secure evidence of the fire's cause and receipts.

  3. 3

    3. Report to the insurers

    Report the damage to your liability and household contents insurers; the landlord to their building insurer.

  4. 4

    4. Clarify fault

    Have the question of fault checked before you acknowledge full liability.

How to spot the scam

  • You hastily acknowledge full liability without clarifying fault.
  • The landlord demands compensation although the building insurance applies.
  • Important evidence of the fire's cause is not secured.

Frequently asked questions

Am I as a tenant always liable for a fire?

No. Liability requires fault. With only slight negligence, liability toward the landlord is often limited, because the landlord is protected by the building insurance and the tenant contributes proportionally to the insurance premium.

Which insurance pays after a fire?

Damage to the building is usually covered by the landlord's residential building insurance, damage to the tenant's own household contents by the tenant's household contents insurance. For damage you culpably cause to third parties, the private liability insurance steps in.

Should I settle compensation claims immediately?

No, first check the question of fault and the insurance situation. A hasty acknowledgment can be disadvantageous. Have it clarified whether there is any fault at all and which insurance bears the damage before you pay.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.