Burst water pipe: who pays?

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A burst water pipe can cause immense damage to home furnishings and make entire buildings temporarily uninhabitable. But who pays for the renewal of wall coverings, floor coverings and furniture? Find out more about the situation in a tenement house here.

The building insurance usually pays for a water pipe burst.
The building insurance usually pays for a water pipe burst. © S._Hofschlaeger / Pixelio

Broken water pipe - this is covered by the landlord's building insurance

  • In general, a water pipe burst outside of your living area is the responsibility of your landlord. He or she has to leave the apartment to you without any defects; if he does not, you can first ask him to rectify the defects. If he is at fault, which is suspected, you can then demand compensation for the damage you have suffered. If your landlord does not repair or pay the damage immediately after notification, you also have the right to the rent to reduce.
  • You can also rent a replacement apartment if necessary and invoice your landlord for the costs ask if staying in the apartment is unreasonable due to severe flooding or mold growth.
  • Even if one of your co-tenants caused the damage, the landlord remains your contact. If necessary, he or she can contact the co-tenant to request compensation for the damage.
  • Unless your landlord caused the damage willfully or through gross negligence, for example in the dead of winter heater has parked, his building insurance pays. However, the building insurance usually only covers the costs for wall cladding and permanently installed floor coverings.

Anyone who pays for damage to movable household effects

  • In order to have damage to carpeting or furniture replaced, you must first contact an existing household insurance company.
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  • Even if the water pipe burst was not culpably caused by your landlord, the damage caused to your apartment will be covered by your home insurance.
  • If you do not have home insurance, if your landlord is at fault, his / her liability insurance will apply.

If you are affected by a burst water pipe in the rented apartment, inform your landlord immediately and, as a precaution, ask him to rectify the defect in writing. From the point in time at which your landlord had knowledge and the opportunity to repair, you can, if necessary, assert a rent reduction and further claims.

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