Is legal protection for tenants useful in Switzerland?

Table of contents

Frequent points of contention in tenancy law
How much does legal protection insurance for tenants cost?
What is covered?
What should you pay attention to?

What are the frequent points of contention in tenancy law?

Common points of dispute are rent adjustments, the amount of utilities, the refund of the security deposit, defects in the rented property, termination by the landlord for personal use or by the new owner after the sale of the property, early move-out with the proposal of a new tenant, damage to the rented apartment, and disputes with neighbors.

What is tenant legal protection?

Tenant legal protection is insurance that advises and assists you in the event of legal disputes relating to rental and lease agreements. In general, it covers all disputes relating to rental and lease agreements that you enter as a private individual, for example for a house, apartment, parking space, or garage.

In addition to “legal protection for tenants”, the terms “tenant legal protection insurance” or “apartment legal protection” are also often used. In general, tenant legal protection cannot be purchased separately, but is often part of a legal protection insurance policy that covers other legal areas in addition to tenancy law.

For example, Protekta's private legal protection insurance covers legal disputes in the following areas in addition to tenancy law: construction, everyday life, family, work, health, insurance, and authorities. Protekta is our partner in the field of legal protection and a company of the Swiss Mobiliar.

How much does tenant legal protection insurance cost?

Private legal protection insurance with tenant legal protection costs between CHF 160 and CHF 400 per year with Protekta. The exact cost depends on the services insured in each case.

What is covered?

In principle, all disputes relating to tenancy and lease agreements that you conclude in your own name are covered. Protekta also provides free legal advice by telephone, including for cases that are not covered by the insurance.

In the event of a covered legal case, Protekta covers not only legal advice but also the costs of mediation, lawyers, court proceedings, expert opinions, legal procedures and compensation for the opposing party, provided these expenses are necessary to enforce your rights.

What should you pay attention to when taking out tenant legal protection insurance?

When taking out rental legal protection insurance, you should pay attention to the following points, which are explained below: waiting period, minimum value in dispute, free choice of lawyer, conflicts of interest, group clauses, minimum contract term, and notice periods.

• Waiting period: In general, legal protection insurance only covers disputes after a waiting period of three months. Disputes that arose before the legal protection insurance was taken out or that arise during the waiting period are not covered. However, free legal information by telephone is included as soon as the contract is taken out. It is not possible to take out rental legal protection insurance retroactively or without a waiting period. It is therefore better to pay a few hundred dollars a year for legal protection in relation to your lease than to have to pay several thousand dollars yourself in the event of a dispute.
   
• Minimum value in dispute: Choose rental legal protection without a minimum dispute value so that you can defend yourself, if necessary, even against minor claims of a few hundred dollars.
   
• Free choice of lawyer: Make sure you have a say in the choice of lawyer in the event of a dispute.
   
• Conflicts of interest and group clauses: Check that your rental legal protection also applies against other insurance policies from the same group. Example: after a burglary, your household insurance refuses to pay for part of the damage. Your legal protection refuses to take action against your household insurance because it belongs to the same insurance group.
   
• Contract term: Opt for a minimum term of one year maximum. This will allow you to change insurance if you are not satisfied. If you are not happy, terminate the contract early so as not to miss the notice period. In general, the contract is automatically renewed after that.

If you have any further questions, please feel free to ask for free, no-obligation advice.