> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/einnahmen-und-ausgaben/buchhaltung-erweiterung/10142600-versicherungen-umgelegt-auf-mieter.md). # Other insurance (recoverable from tenant) Help on the Immodio entry item Insurance (recoverable from tenant).
Use this category for the **running premiums of other property-related property and liability insurance** serving to protect the land, its technical facilities and the residents and visitors. {% hint style="warning" %} **Building property insurance** against fire, escape of water, storm, hail or other natural hazards is posted not here but in the existing category **"Insurance for buildings (recoverable from tenant)"**. {% endhint %} Alongside building insurance, Section 2 no. 13 BetrKV expressly names glass insurance and liability insurance for the building or land, the oil tank and the lift. The statutory list is not exhaustive. Under the case law, other property and liability insurance can in principle also be covered where it serves to protect the building, its residents or visitors. ### What can be entered here? #### Glass insurance Enter here the running premium of a **separate glass insurance policy**, as far as it covers glazing permanently attached to the building or used communally. This can include, for example: * window and door glazing, * glass surfaces in entrance areas and stairwells, * glass facades, * skylights and roof lights, * communal glass walls or partitions, * the glazing of lift cars, * permanently installed mirrors or other building glazing, as far as they are covered by the contract. Glass insurance is expressly named as recoverable property insurance in Section 2 no. 13 BetrKV. Glass insurance for the following does **not** belong in this category: * the landlord's furniture, * private household items, * shop windows and fittings belonging exclusively to a particular commercial business, provided the premium can be assigned to that commercial tenant directly, * glass items owned by individual tenants. Where the glass insurance covers both communal building glazing and private or exclusively commercial risks, the premium has to be split appropriately. #### Property owner's liability insurance The running premium of **property owner's liability insurance** in particular belongs here, sometimes also called land, building or landlord liability insurance. It protects the owner against liability claims that can arise from the condition or use of the land and its communal facilities, for example in connection with: * paths that are not sufficiently secured, * falling parts of the building, * inadequate lighting of communal areas, * hazards in the stairwell, * trees and outdoor facilities, * breaches of duties of inspection and traffic safety, * communal play or recreation areas. Property owner's liability insurance has to be distinguished from **residential building property insurance**. It does **not** compensate damage to the building itself but defends against liability claims directed at the owner or settles justified claims. The Federal Court of Justice has classified property owner's liability insurance as typical landlord insurance recoverable from tenants. {% hint style="info" %} The landlord's private liability insurance, on the other hand, may not be allocated simply because it may also include some risks relating to the land. With a combined policy, have the property-related share shown separately. {% endhint %} #### Oil tank or water pollution liability insurance Enter here the running premiums of: * oil tank liability insurance, * water pollution liability insurance, * liability insurance for above-ground or underground heating oil tanks. This insurance covers liability risks where, for example, heating oil escapes from the tank or the associated pipes and damages the soil, groundwater or third party property. Liability insurance for an oil tank is expressly listed in Section 2 no. 13 BetrKV. This requires the tank insured to serve the selected rental property or its heat supply. Where a policy insures several tanks or buildings, the share attributable to the respective property has to be split comprehensibly. {% hint style="info" %} Make sure the premium for the insurance item is not also entered as a component of the heating costs. {% endhint %} #### Lift liability insurance The running premiums of liability insurance for a passenger or goods lift can be entered here. Lift liability insurance is expressly named as recoverable liability insurance in Section 2 no. 13 BetrKV. The following are not to be confused with the insurance premium: * maintenance and safety inspection of the lift, * the lift emergency call system, * the operating electricity, * cleaning the installation, * repairs and spare parts. #### Other particular property or liability insurance Other insurance might be recoverable in an individual case in certain circumstances where it: * is property or liability insurance, * clearly relates to the selected property or a communal facility, * serves to protect the building, its residents or visitors, * arises on a running basis, * is economically necessary and appropriate, * and cannot be assigned to a more suitable category. ### Which insurance is not recoverable? The following in particular do not belong in this category: * landlords' legal expenses insurance, * tenancy law legal expenses insurance, * separate rent loss insurance, * insurance against rent evasion or bad debts, * deposit and guarantee insurance, * credit, loan and residual debt insurance, * the owner's private liability or contents insurance, * individual tenants' contents, stock or business insurance, * a property manager's financial loss liability insurance, * professional indemnity, D\&O or cyber insurance, * insurance against general vacancy or letting risks, * litigation cost and debt collection insurance, * construction and builder's liability insurance for individual construction projects, * insurance for vehicles, machinery or other landlord property with no direct connection to the running operation of the building. Such policies primarily protect the landlord's personal, financial, administrative or business risk and not the building, its residents or visitors. Under the case law, **separate rent loss insurance** in particular has to be distinguished from a rent loss module within building insurance and is **not** recoverable as an ordinary operating cost item. ### The contractual requirement The costs of property and liability insurance are expressly listed in Section 2 no. 13 BetrKV. With residential space an effective agreement under which the tenant bears the operating costs in accordance with the Operating Costs Ordinance is therefore generally sufficient, which is taken into account accordingly in the Immodio rental agreement. Where the rental agreement instead contains only an exhaustive list of individual types of cost, it has to be checked whether the property or liability insurance concerned is covered by it. With newly concluded or unusual specialist insurance it also has to be checked: * whether by its content it can actually be assigned to Section 2 no. 13 BetrKV, * whether the rental agreement also covers operating costs arising newly later, * whether taking it out is necessary and appropriate for the property. ### What may be entered from the insurance invoice? In principle only enter the **running insurance premium** including the insurance tax on it, as far as the invoice concerns exclusively a recoverable policy. The following do **not** belong here: * excesses in the event of a claim, * uninsured costs of damage, * repair and restoration costs, * the costs of remedying damage, * damages payments, * expert and lawyer costs, * the administrative effort of settling a claim, * reminder, default or returned direct debit costs, * brokerage or advisory costs charged separately for administering the contract, * contributions to an own damage or maintenance reserve. {% hint style="info" %} Excesses and specific costs of damage are not running insurance premiums. As far as they serve to remedy damage or defects, they are generally non-recoverable maintenance or repair costs. {% endhint %} ### Assignment For the assignment select **"Property"** and then the building or land to which the policy relates. The costs are assigned to the property and allocated to the associated tenancies on the basis of their living spaces as part of the operating cost statement. ### The requirement of economic efficiency The landlord may only charge the tenant with necessary and appropriate insurance costs. The requirement of economic efficiency does not necessarily demand the cheapest tariff, but it protects against unnecessary double insurance, obviously excessive premiums and insurance cover that is not appropriate for the specific property. Check regularly, therefore: * whether the property insured is described correctly, * whether facilities that no longer exist are still insured, * whether an oil tank or lift is still in operation, * whether risks are insured more than once under different policies, * whether private or commercial additional risks are included, * whether the insurance cover matches the building's actual risk, * whether increases in contributions are comprehensible, * whether comparative quotations make sense where prices rise considerably. ### Documents for the operating cost statement Keep in particular: * the insurance policy, * the contribution invoice, * current contract addenda, * a description of the risks insured, * a list of the individual insurance modules, * proof of payment, * the calculation where there are several properties, * evidence of non-recoverable components deducted, * details of the commercial additional contribution, where applicable. Advance payments of operating costs have to be billed annually and in compliance with the requirement of economic efficiency. The tenant can ask to inspect the underlying insurance and billing documents.