Rent default insurance in Germany: when the tenant stops paying
If a tenant in Germany stops paying, your mortgage, service charges and property tax keep running, and eviction takes months because only a court can order it. Rent default insurance (Mietausfallversicherung) replaces lost rent up to an agreed limit. It is usually sold as an add-on to landlord legal expenses insurance, which pays for the eviction case itself.
Rarely. German law (§ 551 BGB) caps the deposit at three months' net rent. You can only terminate without notice once two months' rent is outstanding (§ 543 BGB), and then you still need a court order and a bailiff. By the time the flat is empty the deposit is usually gone, and legal fees, clearance and redecoration come on top.
One German word, two different covers
In Germany, Mietausfall can mean two things. The first is rent lost because a fire, burst pipe or storm has made the flat uninhabitable. Buildings insurance (Wohngebäudeversicherung) pays that, usually for 12 to 24 months, and it has nothing to do with the tenant.
The second is rent a tenant simply does not pay, whether out of hardship or bad faith. That is what this page is about. It is mostly sold by legal expenses insurers as an add-on to landlord legal cover, and some property insurers sell it as a separate rent protection or rogue tenant policy (Mietnomadenversicherung).
Why a default lasts longer than expected
German procedure has fixed steps: two months' arrears, termination without notice, an eviction claim at the local court (Amtsgericht), judgment, then enforcement by a bailiff. Self help is never allowed. If the tenant pays everything within two months of being served with the claim, the termination without notice falls away under § 569 BGB, once in any two years.
Each step takes time and no rent comes in meanwhile. That is why the policy limit and the number of months covered matter more than the premium. A 5,000 € limit is used up after a little over four months at a net rent of 1,200 €.
What insurers want before they cover you
Almost every insurer requires that you checked the tenant's creditworthiness before move in, for example with a SCHUFA style credit report and proof of income. If you skipped this, cover may be refused or restricted.
Arrears that already exist when the policy starts are never covered, and legal expenses add-ons usually carry a waiting period. If you are about to let a property, take out cover before signing the tenancy agreement.
What is covered
Lost net rent and, depending on the policy, advance service charge payments
Lost rent until eviction, up to the agreed limit or number of months
Lawyer and court fees for the eviction claim under landlord legal cover
Bailiff costs for the eviction, depending on the policy
Clearance and redecoration after a rogue tenant, depending on the policy
Rent lost while the flat is redecorated after the tenant leaves, for a limited time
What is not covered
Arrears that existed before the policy started
Tenants who were not checked as the insurer requires
Rent lost after fire or water damage, which is a matter for buildings insurance
Vacancy because no new tenant can be found
Rent reductions a court considers justified
The excess, often one to three months' rent
Who needs it
Private landlords with one or a few flats whose mortgage depends on the rent
Landlords letting a property to a new tenant they do not know yet
Owners of a financed buy to let flat, where two months without rent would put the repayment at risk
Who does not need it
Landlords with many units who can absorb a single default from reserves
Lettings to relatives, which many policies exclude anyway
Wheel of misfortune
Spin the wheel of bad luck
Six things that really happen. The wheel picks yours and shows who pays.
Cost:
Budget policy Strong policy
See all six cases
Tenant pays nothing for six months, about 5,400 € at 900 € net rent. Budget policy: does not pay, Strong policy: pays. Landlord legal cover alone pays lawyer and court, not the rent. With the rent default add-on the insurer replaces the rent up to the limit, minus the excess.
Eviction claim against tenant, lawyer and court, four figures depending on rent. Budget policy: pays, Strong policy: pays. This is the core of landlord legal cover. Watch the waiting period, it applies to disputes that start soon after cover begins.
Rogue tenant leaves rubbish behind, clearance and redecoration, often four figures. Budget policy: does not pay, Strong policy: pays in part. Only policies with a rogue tenant module pay for clearance and redecoration, usually with a separate, lower limit than for rent.
Tenant cuts rent over mould, surveyor and lawyer, often four figures. Budget policy: pays, Strong policy: pays. Legal cover pays for the dispute. If the reduction is justified, no insurer replaces the reduced rent.
Fire makes the flat uninhabitable, all rent until repairs are done. Budget policy: does not pay, Strong policy: does not pay. That is not a tenant default. Buildings insurance replaces the rent, usually for 12 to 24 months.
Arrears already before cover, all rent unpaid up to that point. Budget policy: does not pay, Strong policy: does not pay. A loss already under way cannot be insured. Take out cover before letting, not afterwards.
What it costs
The premium depends mainly on the annual rent and the limit you choose. Because rent default cover is usually an add-on, you generally pay for landlord legal expenses cover as well.
Example
Typical range
One flat, annual rent up to 15,000 €, landlord legal cover with rent default
from about 9 € a month
What drives the premium
Annual rent per unit
Policy limit or number of months covered
Excess in months of rent or euros
Number of let units
Whether eviction and redecoration costs are included
Entry price of a large German legal expenses insurer, 2026. Higher limits and more units cost more. Your premium is fixed only in the quote.
The policy levels on the market
01
Basic
Landlord legal expenses cover without rent default. Pays lawyer and court for the payment and eviction claims; the lost rent is yours to bear.
02
Standard
Landlord legal cover with a rent default add-on, limit around 10,000 to 15,000 €. Right for most private landlords.
03
Premium
Higher limit, small excess, plus eviction and redecoration costs after a rogue tenant. For expensive flats and tight financing.
How to recognise a good policy
Criterion
Minimum standard
Strong policy
Why it matters
Limit per claim
about 5,000 €
at least twelve months' net rent
Eviction often takes many months, and a low limit runs out quickly.
Excess
three months' rent
one month's rent at most, or none
With a three month excess the insurer only pays from the fourth month.
Service charges
net rent only
advance service charge payments included
Service charges keep running and the landlord has to pay them in the meantime.
Eviction costs
not included
bailiff, removal and storage included
An eviction with removal firm and storage easily costs several thousand euros.
Rogue tenant damage
not included
clearance and redecoration up to a separate limit
Rogue tenants often leave a flat that needs renovating first.
Waiting period
several months
short, or none for a new letting
The first months show whether a tenant pays.
Tenant screening rules
strict and formal
clearly described and practical
Missing one requirement can cost you the cover when you claim.
Insurers on the German market
Rent default cover in Germany comes mainly from legal expenses insurers as an add-on to landlord legal cover, and from a few property insurers as a separate policy. Rent lost after fire or water damage is covered by buildings insurance instead.
Insurer
Background
ARAG
landlord legal cover with a rent default add-on
R+V
rent protection policy, also sold through cooperative banks
Rhion
rogue tenant policy, sold through brokers
ROLAND
owner and landlord legal cover, also through Haus & Grund associations
DEURAG
legal expenses insurer of the SIGNAL IDUNA group, landlord legal cover
ADVOCARD
Generali's legal expenses insurer in Germany, landlord legal cover
The most common route: legal expenses cover for the tenancy, plus lost rent up to a limit.
Rogue tenant policy (Mietnomadenversicherung)
A separate policy that, depending on the insurer, also pays eviction and redecoration after a tenant who never meant to pay.
Loss of rent in buildings insurance
Replaces rent while the flat is uninhabitable after insured damage. No cover if the tenant just does not pay.
Myth or truth
True or false?
Five things people say about this insurance. Guess first, then see the answer.
The deposit covers the loss until the tenant is out.
This is false.
False: in Germany the deposit is capped at three months' net rent. Termination without notice is only possible from two months' arrears, then come the court case and eviction. By then the deposit is usually used up.
From two months' rent in arrears I may terminate without notice.
This is true.
True: § 543 BGB allows this without prior warning. What counts is the rent owed, not a single late payment.
If the tenant pays everything after the eviction claim, the termination without notice falls away.
This is true.
True, once in two years: the grace period under § 569 BGB runs two months from service of the claim. The proceedings can still leave you with costs.
With a rogue tenant I can simply change the locks.
This is false.
No: only a bailiff with a court order may evict. Locking a tenant out yourself is unlawful self help under German law, makes you liable for damages and can even be a criminal offence.
Buildings insurance steps in when the tenant stops paying.
This is false.
False: it replaces rent only after insured damage such as fire or water. Only separate rent default cover helps against tenants who do not pay.
Common mistakes
Relying on the deposit, although it covers three months' net rent at most
Not screening the tenant the way the policy requires
Taking out cover only once the rent has stopped
Confusing loss of rent in buildings insurance with cover for non-paying tenants
Choosing a limit that covers only a few months' rent
Changing the locks instead of going to court
Frequently asked questions
Questions and answers
Frequently asked
What is the difference between rent default and rogue tenant insurance?
Rent default insurance only replaces the rent.
A rogue tenant policy (Mietnomadenversicherung) also pays, depending on the terms, for eviction,
clearance and redecoration when a tenant never intended to pay and leaves the flat in a mess.
Does buildings insurance pay if my tenant stops paying?
No.
It replaces rent only while the flat is uninhabitable after insured damage such as fire or a burst
pipe, usually for 12 to 24 months.
For non-paying tenants you need separate rent default cover.
When can I terminate for rent arrears in Germany?
Under § 543 BGB you can terminate without notice once the tenant owes two months' rent,
or more than one month's rent across two consecutive due dates.
No prior warning is needed.
Can the tenant still stop the termination?
Yes, once in any two years: if the tenant pays all arrears within two months of being served with
the eviction claim, the termination without notice becomes void under § 569 BGB.
Can I insure an existing tenancy?
Often yes, if the tenant has paid reliably so far.
Arrears at the start of the policy are never covered, and a waiting period usually applies.
Some insurers only cover new tenancy agreements.
I live abroad and let my flat in Germany. Can I get cover?
Usually yes, the cover is tied to the property in Germany.
Some insurers want a German correspondence address or a property manager as contact.
Tell us your situation and we will ask the insurers that accept it.
Can I pass the premium on to the tenant?
As a rule, no.
Rent default and landlord legal cover are not among the service charges you may recharge in
Germany.
Loss of rent after fire is different, as part of buildings insurance it can be recharged with it.
Why use a broker?
Because policies differ widely on limit, excess, waiting period and tenant screening rules,
and those details decide the claim.
We compare on your behalf, and the insurer pays our commission.
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