Tenant damage – who pays?

03.07.2023

Every tenant leaves their mark when they move out. There is often evidence of wear and tear to walls, floors and built-in appliances. This raises the following questions: what damage does the landlord cover, when does personal liability insurance help and what must you as a tenant pay for yourself?

Tenant damage at the landlord’s expense

Any signs of wear and tear to the property caused by normal use are paid for by the landlord. These costs are included in the rent. Here are some examples:

  • Discolouration behind pictures and furniture
  • Holes in the walls, provided there are not too many and they have been carefully repaired 
  • Faded wallpaper
  • Damage to equipment not caused by the tenant

Tenant damage at the tenant’s expense

Tenants are liable for any damage to a rented property that they have caused themselves or that is the result of excessive wear and tear. Tenants must pay for the following:

  • Broken windows
  • Cigarette burns
  • Deep scratches in parquet flooring
  • Damage caused by pets

If the damage is caused by negligence or lack of care, the tenant’s personal liability insurance will pay. However, if the damage is caused by gross negligence, such as leaving the hob unattended for an extended period of time, as a tenant, your policyholder benefits will be reduced. Your insurance will not cover gradual damage, i.e. deterioration that happens over time (e.g. heavy smoking).

Difference between normal and excessive wear and tear

It is often difficult to differentiate between normal and excessive wear and tear and this can lead to disputes between landlords and tenants. In the event of a disagreement, tenants can involve their liability insurance provider.

Service life is decisive

Personal liability insurance may not always cover the full repair and replacement costs. For example, if 5-year-old wallpaper is damaged and needs to be replaced, personal liability insurance will only pay half the renovation costs. This is because standard wallpaper has a lifespan of 10 years.

For more detailed information about this, please refer to our service life tables.

Important tips

If damage occurs, you should inform your insurance company immediately.

When taking out insurance, you should take note of the excess (NB: some insurance policies include an excess per room and claim).

You should also be aware that personal liability insurance does not necessarily cover damage caused by pets. Special pet owner’s liability insurance is available for this.