HBeneficiaries of artz IV may have the civil liability insurance required in the rental contract reimbursed by the workplace as accommodation expenses. The Federal Social Court (BSG) in Kassel ruled on Wednesday that the policy requested by the owner insures damages that are directly related to the accommodation. (AZ: B 4 AS 76/20 R)
In the case at hand, a recipient of unemployment benefit II had moved from the Rheingau-Taunus district to Kassel. In his new lease, the apartment’s landlord had required the man to purchase private liability insurance and provide annual proof of insurance coverage. The Hartz IV beneficiary claimed insurance contributions of 4.10 euros per month from the employment office in Kassel as accommodation costs. After all, insurance is required in the rental agreement, he explained.
However, the authorities did not see accommodation costs in the insurance and refused to refund the contributions. Private civil liability insurance is not directly related to the use of the accommodation. It also pays for damages that have nothing to do with the apartment. According to the authority, the assumption of accommodation costs is only possible if the rented property is used “as intended”.
Insurance is mandatory
However, the BSG ordered the employment center to pay. Liability insurance is mandatory in the rental contract. In this way, the landlord wants to make sure that any damage to the apartment can be repaired. There is a de facto connection with the accommodation. The obligation to pay would only be omitted if the clause in the rental contract is ineffective. According to the BSG, the Federal Court of Justice has not yet ruled definitively on this question, which is still open.