Everything you need to know about tenancy legal expenses insurance

If you have opted for the COMFORT or PREMIUM membership of our Tenant Protection, you are entitled to comprehensive insurance cover. Here you will find out everything you need to know about your tenancy legal expenses insurance.

Table of contents

Scope of the tenancy legal expenses insurance

Rent increase up to the local comparative rent

These costs are covered

Frequently asked questions

What are cosmetic repairs?

How has rent control been tightened?

Where and for whom does rent control apply?

What exceptions are there? Which flats are exempt from rent control?

Scope of the tenancy legal expenses insurance

The insurance cover applies to the residential unit in Germany that you occupy yourself as a tenant, together with any associated garages and/or car parking spaces. A separate membership must be taken out for second homes or holiday flats. In general, your insurance cover relates to the representation of your interests in court. More specifically, the insurance cover includes the assertion of your interests arising from:

  • tenancy and lease agreements (e.g. rent increases, termination of the tenancy, keeping pets, etc.)
  • other usage arrangements (e.g. disputes over a right of residence, subletting, etc.)
  • rights in rem (dingliche Rechte) relating to your building, parts of the building or land (e.g. disputes over the floor area)

The insurance cover applies to the residential unit in Germany that you occupy yourself as a tenant, together with any associated garages and/or car parking spaces. A separate membership must be taken out for second homes or holiday flats. In general, your insurance cover relates to the representation of your interests in court. More specifically, the insurance cover includes the assertion of your interests arising from:

  • tenancy and lease agreements (e.g. rent increases, termination of the tenancy, keeping pets, etc.)
  • other usage arrangements (e.g. disputes over a right of residence, subletting, etc.)
  • rights in rem relating to your building, parts of the building or land (e.g. disputes over the floor area)

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Rent increase up to the local comparative rent

To ensure that tenants are not constantly faced with unexpected and unlimited rent increases, landlords may only raise the rent during an ongoing tenancy in compliance with statutory rules. Apart from contractually agreed increase mechanisms such as stepped rent (Staffelmiete) and index-linked rent (Indexmiete), a landlord can only justify a rent increase in an ongoing tenancy by raising the rent to the local comparative rent (ortsübliche Vergleichsmiete), § 558 BGB (German Civil Code). In addition, a rent increase on the grounds of modernisation is possible.

Rent increase up to the local comparative rent

To ensure that tenants are not constantly faced with unexpected and unlimited rent increases, landlords may only raise the rent during an ongoing tenancy in compliance with statutory rules. Apart from contractually agreed increase mechanisms such as stepped rent and index-linked rent, a landlord can only justify a rent increase in an ongoing tenancy by raising the rent to the local comparative rent, § 558 BGB. In addition, a rent increase on the grounds of modernisation is possible.

Rent increase up to the local comparative rent

To ensure that tenants are not constantly faced with unexpected and unlimited rent increases, landlords may only raise the rent during an ongoing tenancy in compliance with statutory rules. Apart from contractually agreed increase mechanisms such as stepped rent and index-linked rent, a landlord can only justify a rent increase in an ongoing tenancy by raising the rent to the local comparative rent, § 558 BGB. In addition, a rent increase on the grounds of modernisation is possible.

Rent increase up to the local comparative rent

To ensure that tenants are not constantly faced with unexpected and unlimited rent increases, landlords may only raise the rent during an ongoing tenancy in compliance with statutory rules. Apart from contractually agreed increase mechanisms such as stepped rent and index-linked rent, a landlord can only justify a rent increase in an ongoing tenancy by raising the rent to the local comparative rent, § 558 BGB. In addition, a rent increase on the grounds of modernisation is possible.

Rent increase up to the local comparative rent

To ensure that tenants are not constantly faced with unexpected and unlimited rent increases, landlords may only raise the rent during an ongoing tenancy in compliance with statutory rules. Apart from contractually agreed increase mechanisms such as stepped rent and index-linked rent, a landlord can only justify a rent increase in an ongoing tenancy by raising the rent to the local comparative rent, § 558 BGB. In addition, a rent increase on the grounds of modernisation is possible.

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These costs are covered

With the COMFORT or PREMIUM membership, you need not fear any costs in the event of a legal dispute. As a COMFORT member, you only pay a one-off processing fee of €50. There is no excess and the sum insured is unlimited. In detail, the costs are covered in the following cases:

  • Fees of ++one++ lawyer representing your interests (if you engage an additional lawyer or change lawyers, these costs are not covered)
  • Court costs
  • Compensation for witnesses and expert witnesses called by the court
  • ​

What are cosmetic repairs?

Furthermore, only the preparatory work that is necessary for the tasks mentioned counts as cosmetic repairs. If, for example, you have to paint a wall, filling existing drill holes is part of that too. Only then is the work deemed to have been carried out properly, even though filling drill holes is not explicitly mentioned in the law. Other maintenance work, such as painting the outside of windows, sanding parquet floors or laying tiles, does not count as cosmetic repairs. Repairing door locks, light switches or supply lines is no more a cosmetic repair than removing signs of wear and tear for which you are not responsible. Such repair work has to be carried out by the landlord. Damage that occurs during the tenancy may constitute a defect in the rented property that can lead to a rent reduction.

What are cosmetic repairs?

Furthermore, only the preparatory work that is necessary for the tasks mentioned counts as cosmetic repairs. If, for example, you have to paint a wall, filling existing drill holes is part of that too. Only then is the work deemed to have been carried out properly, even though filling drill holes is not explicitly mentioned in the law. Other maintenance work, such as painting the outside of windows, sanding parquet floors or laying tiles, does not count as cosmetic repairs. Repairing door locks, light switches or supply lines is no more a cosmetic repair than removing signs of wear and tear for which you are not responsible. Such repair work has to be carried out by the landlord. Damage that occurs during the tenancy may constitute a defect in the rented property that can lead to a rent reduction.

What are cosmetic repairs?

Furthermore, only the preparatory work that is necessary for the tasks mentioned counts as cosmetic repairs. If, for example, you have to paint a wall, filling existing drill holes is part of that too. Only then is the work deemed to have been carried out properly, even though filling drill holes is not explicitly mentioned in the law. Other maintenance work, such as painting the outside of windows, sanding parquet floors or laying tiles, does not count as cosmetic repairs. Repairing door locks, light switches or supply lines is no more a cosmetic repair than removing signs of wear and tear for which you are not responsible. Such repair work has to be carried out by the landlord. Damage that occurs during the tenancy may constitute a defect in the rented property that can lead to a rent reduction.

What are cosmetic repairs?

Furthermore, only the preparatory work that is necessary for the tasks mentioned counts as cosmetic repairs. If, for example, you have to paint a wall, filling existing drill holes is part of that too. Only then is the work deemed to have been carried out properly, even though filling drill holes is not explicitly mentioned in the law. Other maintenance work, such as painting the outside of windows, sanding parquet floors or laying tiles, does not count as cosmetic repairs. Repairing door locks, light switches or supply lines is no more a cosmetic repair than removing signs of wear and tear for which you are not responsible. Such repair work has to be carried out by the landlord. Damage that occurs during the tenancy may constitute a defect in the rented property that can lead to a rent reduction.

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Frequently asked questions

Our mission: protecting consumer rights! Our team of experienced IT and legal experts enforces your rights as a tenant, employee or consumer quickly and easily. Our principle: you bear no cost risk, because you only pay if we have been successful on your behalf.

The vast majority of landlords are well aware that it is they who are breaking the law, not the tenants. Because Conny's letters are legally and factually sound, landlords usually respond in an equally matter-of-fact way. In many cases, the case handlers at property management companies or real estate firms deal with the proceedings. Some landlords also bring in lawyers. That is a good thing, as it usually makes the process more professional. Termination of the tenancy agreement following a rent reduction is ruled out.

The rent control law (Mietpreisbremse, §556d BGB) regulates how much rent a landlord may charge at most “in tight housing markets”. The law was introduced at federal level on 1 June 2015. However, each federal state must decide individually whether the law applies in its territory and for which municipalities (see: Where does rent control apply). In cities and municipalities where rent control has been introduced, the rent may be no more than ten percent above the rent index (Mietspiegel) or the local comparative rent. Anyone paying more can demand a rent reduction, even during an ongoing tenancy. Conny helps – without stress or cost risk.

Frequently asked questions

Our mission: protecting consumer rights! Our team of experienced IT and legal experts enforces your rights as a tenant, employee or consumer quickly and easily. Our principle: you bear no cost risk, because you only pay if we have been successful on your behalf.

The vast majority of landlords are well aware that it is they who are breaking the law, not the tenants. Because Conny's letters are legally and factually sound, landlords usually respond in an equally matter-of-fact way. In many cases, the case handlers at property management companies or real estate firms deal with the proceedings. Some landlords also bring in lawyers. That is a good thing, as it usually makes the process more professional. Termination of the tenancy agreement following a rent reduction is ruled out.

The rent control law (§556d BGB) regulates how much rent a landlord may charge at most “in tight housing markets”. The law was introduced at federal level on 1 June 2015. However, each federal state must decide individually whether the law applies in its territory and for which municipalities (see: Where does rent control apply). In cities and municipalities where rent control has been introduced, the rent may be no more than ten percent above the rent index or the local comparative rent. Anyone paying more can demand a rent reduction, even during an ongoing tenancy. Conny helps – without stress or cost risk.

Frequently asked questions

Our mission: protecting consumer rights! Our team of experienced IT and legal experts enforces your rights as a tenant, employee or consumer quickly and easily. Our principle: you bear no cost risk, because you only pay if we have been successful on your behalf.

The vast majority of landlords are well aware that it is they who are breaking the law, not the tenants. Because Conny's letters are legally and factually sound, landlords usually respond in an equally matter-of-fact way. In many cases, the case handlers at property management companies or real estate firms deal with the proceedings. Some landlords also bring in lawyers. That is a good thing, as it usually makes the process more professional. Termination of the tenancy agreement following a rent reduction is ruled out.

The rent control law (§556d BGB) regulates how much rent a landlord may charge at most “in tight housing markets”. The law was introduced at federal level on 1 June 2015. However, each federal state must decide individually whether the law applies in its territory and for which municipalities (see: Where does rent control apply). In cities and municipalities where rent control has been introduced, the rent may be no more than ten percent above the rent index or the local comparative rent. Anyone paying more can demand a rent reduction, even during an ongoing tenancy. Conny helps – without stress or cost risk.

Frequently asked questions

Our mission: protecting consumer rights! Our team of experienced IT and legal experts enforces your rights as a tenant, employee or consumer quickly and easily. Our principle: you bear no cost risk, because you only pay if we have been successful on your behalf.

The vast majority of landlords are well aware that it is they who are breaking the law, not the tenants. Because Conny's letters are legally and factually sound, landlords usually respond in an equally matter-of-fact way. In many cases, the case handlers at property management companies or real estate firms deal with the proceedings. Some landlords also bring in lawyers. That is a good thing, as it usually makes the process more professional. Termination of the tenancy agreement following a rent reduction is ruled out.

The rent control law (§556d BGB) regulates how much rent a landlord may charge at most “in tight housing markets”. The law was introduced at federal level on 1 June 2015. However, each federal state must decide individually whether the law applies in its territory and for which municipalities (see: Where does rent control apply). In cities and municipalities where rent control has been introduced, the rent may be no more than ten percent above the rent index or the local comparative rent. Anyone paying more can demand a rent reduction, even during an ongoing tenancy. Conny helps – without stress or cost risk.