Parkett floor damage / Insurance cover

10 posts in this topic

Hello...

 

Because of this issue, now I can't even sleep well. We had an old sofa and didn't know that the sofa wheels got abit broken until we moved out. The metal bits attached to the sofawheels seem to have damaged the floor. 

 

We do have the Privathaftpflicht-Versicherung. And it seems to cover the damage to the rented house (see attached photo). But in the insurance detail info file, we found this part:

 

5.1 Nachteilige Auswirkungen auf unsere Leistungspflicht
Wenn Du eine Obliegenheit verletzt, kann dies dazu führen, dass wir nicht oder nur teilweise leistungspflichtig sind. Im Einzelnen gilt:
 Wenn Du die Obliegenheit vorsätzlich verletzt, sind wir nicht leistungspflichtig.
 Wenn Du die Obliegenheit grob fahrlässig verletzt, sind wir berechtigt, die Versicherungsleistung zu kürzen. Die Kürzung richtet sich nach der Schwere des Verschuldens. Sie kann gegebenenfalls zum vollständigen Anspruchsverlust führen. Wenn Du nachweist, dass keine grobe Fahrlässigkeit vorliegt, kürzen wir die Leistung nicht.
Auch im Falle von Vorsatz oder grober Fahrlässigkeit bleiben wir insoweit zur Leistung verpflichtet, als Du uns nachweist, dass die Verletzung der Obliegenheit
 weder für den Eintritt oder die Feststellung des Versicherungsfalls
 noch für die Feststellung oder den Umfang unserer Leistungspflicht ursächlich war. Dies gilt nicht, wenn Du die Obliegenheit arglistig verletzt hast.

 

 

(1) Does this mean that our floor damage may not be covered by our insurance...? as we didn't somehow cover the sofawheels (Or anyways, we didn't manage well...?) As it is written in German and not sure how easy/difficult to get a help from the insurance company in Germany, now I am really not sure whether it is a good idea to inform the damage to the landlord + insurance.

 

Or, although we have the liability insurance,...

(2) Would it be better to find a repair guy? (we've already tried but the guy couldn't fix it...maybe I contacted a wrong people. sigh...)

 

Sigh... T.T....has anyone damaged the floor and got it covered by liability insurance? I am so worried. T.T..

Any comments would be appreciated...Thanks... 

 

 

 

스크린샷 2020-11-25 오전 9.47.53.png

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Here's a useful link: https://www.mietrechtslexikon.de/a1lexikon2/p1/parkett.htm#Schaeden_am_Parkett_oder_Laminat
 

Quote

 

Damage to parquet or laminate
A distinction must be made between wear and tear due to contractual use and damage. The tenant is generally not liable for damage caused by use in accordance with the contract (wear and tear). Where the limit lies can only be assessed in each individual case. Serious damage shall in any case exceed the limit of contractual use (LG Potsdam, judgement of 19.02.2009 - 11 S 115/08).

 

A tenant moving out who has, however, soiled existing parquet flooring or culpably damaged it seriously, for example by scratches or water stains, may be obliged within the scope of compensation to sand and reseal the parquet flooring in the flat (LG Osnabrück, judgement of 6 June 2001, Ref: 1 S 1099/00, 1 S 14/01 (11), 1 S 14/01), if the damage cannot be repaired in any other way. However, the landlord must then, as a rule, bear part of the costs from an "old for new" point of view (the landlord receives a newly sealed parquet floor). How much this part is depends on the circumstances of the individual case.

Translated with www.DeepL.com/Translator (free version)

 

 

I think you should contact your liabilty insurance and they will assess how much they will pay, how much you might have to pay and also how much the landlord should pay. The life span of the parquet also plays a role. Best also to join a Mieterverein if you haven't already. 

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1 hour ago, lunaCH said:

How visible is the damage? When are you moving out?

It is severe... sigh. 

We will hand over our key on 30 NOV. 

 

 

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19 minutes ago, bramble said:

Here's a useful link: https://www.mietrechtslexikon.de/a1lexikon2/p1/parkett.htm#Schaeden_am_Parkett_oder_Laminat
 

 

I think you should contact your liabilty insurance and they will assess how much they will pay, how much you might have to pay and also how much the landlord should pay. The life span of the parquet also plays a role. Best also to join a Mieterverein if you haven't already. 

 

 

Thank you so much for your link and info. 

 

Sigh... T.T... 

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I hope you don't mind if I use your topic for my concerns. I'm wondering how is standard wear and tear interpreted, I'm not moving out yet but my floor worries me. I'm not even sure what kind of floor this is, some kind of poor quality, not sealed wooden panels and many spots that are often used are becoming lighter and lighter, even when I wipe the floor with a damp cloth, I see the colour of panels on the cloth. First I thought that it's just cheapest floor in the market but when the information about rent cap came, it was described as high quality flooring so now I'm worried even more.

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2 hours ago, marcinv said:

... spots that are often used are becoming lighter and lighter, even when I wipe the floor with a damp cloth, I see the colour of panels on the cloth.

Take photographs of the cloth for future reference! High quality... hmm...:lol:

 

Now you can prove you did not use that aggressive cleaner, can't you?

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17 hours ago, optimista said:

Now you can prove you did not use that aggressive cleaner, can't you?


Does water count as aggressive cleaner? :lol: That's all it takes. Well I can't prove anything I guess, not even that I'm not wearing slippers with soles made of sandpaper.

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If you are a lawyer, cannot be xcluded... depends on the pH of the water... (I worked with them for a decade... and have seen that kind of argument...)

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Hold on, there are two completely independent issues being mixed here:

1) Is the damage to the floor covered by wear and tear or is there some damage that the landlord does not have to accept? Sounds like the latter to me.

2) Does your insurance cover the damage that you caused? I believe the answer should be yes, because gross negligence - in my humble opinion - would be to place the sofa on some sharp metal contraption to raise the height or something like this. Just placing an unmodified sofa on the floor should be just negligence. Chances are, though, that the insurance will initially refuse and you have to fight for your right.

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