Damage to hot tub in rented holiday home in Germany

Questioner

In September we rented a cottage in Germany with a wood-fired hot tub. We followed the instructions completely and only lit the wood when the hot tub was filled according to the instructions. It took hours before the water was warm enough to step into and the wood had to burn all that time. Apparently there was melting damage at the top and material had come loose, although we could not see this due to the construction of the hot tub. A week after renting it, a message came that damage had occurred to the hot tub. The landlord has now sent us an invoice for replacement of the hot tub. We were not negligent or careless and followed the manual, especially since it was our first experience with a wood-fired hot tub. The invoice consists of delivery Eur. 1794.50 and assembly Eur. 220.00. Can a landlord simply replace the property while repairing it would also be an option? What can we do to limit these costs, because in our opinion the amount is unjustified and the insurance company has stated that the damage to a rented object is not insured.

Lawyer

It is understandable that this situation can be difficult and confusing. Under Dutch law, the situation might be assessed as follows. First of all, it is important to know whether there is a contract or general terms and conditions that apply to the rental of the holiday home. This contract may contain provisions on liability for damage. If the contract does not contain any provisions on liability for damage, the landlord can only claim compensation if he can prove that the damage was caused by your fault. You have indicated that you have followed the instructions, so it seems that you have not been negligent. It may also be useful to gather evidence that you have followed the manual correctly. This could be in the form of a statement from the people who used the hot tub with you. As to the question whether the landlord can proceed to replacement while repair is possible, this comes down to the principle of the duty to mitigate damages. Under Dutch law, a party suffering damages has a duty to mitigate the damage as much as possible. If repair was an option and the landlord chose to replace it, it may not be reasonable. You may be able to argue that the cost of replacement is too high compared to the cost of repair. It may be helpful to have an independent expert assess the damage and compare the cost of repair versus replacement. However, please note that this is an orienting interpretation based on Dutch law. Since the cottage is located in Germany, German law could apply, and that may be different. In this case, it may be advisable to seek legal advice from a professional who has experience with German law.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.