Tenant obligation: home insurance
Verified 25 November 2019 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
The tenant who holds a residential lease (empty, furnished or mobility lease) has the obligation to insure himself against the risks he must answer (fire, water damage, ...). If the landlord does not do so, the landlord may terminate the lease, or take out insurance in place of the tenant by passing the cost on to the rent.
Subscription of insurance by the tenant
The tenant must subscribe home insurance with the insurance company of his choice.
This insurance is used to cover against rental risks (mainly, water damage, fire, explosion).
The tenant must provide proof of this insurance (insurance certificate):
- when handing over the keys,
- each renewal of the lease contract,
- each year, at the request of the lessor.
Lack of tenant insurance
If the lessee does not provide the lessor with a proof of insurance subscription at the time of the initial signing of the lease agreement, or at the time of renewal of the lease or during the lease when the lessor so requests, then the lessor may choose to terminate the lease agreement or take out insurance in place of the tenant. If the lessor chooses the latter, the lessor loses the possibility of terminating the lease for lack of insurance of the tenant.
The lease agreement may or may not include a clause providing for termination of its own right (resolving clause) of the rental contract for non-subscription of rental risk insurance.
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The lessor must send the tenant a command by bailiff asking him to take out a home insurance.
Who shall I contact
If 1 month after the delivery of the command, the tenant has not ascertained, the lessor must apply to the court to ask it to declare that the lease is terminated and to pronounce the expulsion. He may refer the matter to the judge referenced..
Lease without resolute clause
If the lease does not contain a resolutory clause, the landlord must directly subpoena the tenant by bailiff's act, before the court, to request the termination of the lease and its expulsion.
Who shall I contact
Before taking the tenant to court, the landlord may address a notice to honor his commitments, but he does not have to.
The lessor may take out insurance in place of his tenant, in the event of the latter's lack of insurance.
To do this, the lessor must first send his tenant a registered letter with notice of receipt indicating his willingness to take out insurance in his place. The tenant will then have 1 month to take out insurance.
The sending of this letter deprives the lessor of the possibility to terminate the lease in the event of a lack of insurance, even in the event of a resolvable clause.
If the tenant is still not insured after 1 month, the lessor can subscribe to an insurance.
The total amount of the annual premium subscribed by the lessor, possibly increased within the limit of 10%, is then recoverable by the lessor by 1/12second each month at the time of payment of the rent. The amount recovered must be entered on:
- notice of expiry,
- and the receipt given to the tenant.
A copy of the insurance certificate is given to the tenant.
If the tenant leaves the dwelling before the expiry of the insurance contract, the lessor:
- must terminate the contract,
- and may recover the premium fraction due from the tenant.
The tenant can always terminate the insurance taken out by the lessor by insuring himself.
- Act No. 89-462 of 6 July 1989 on rental reports: article 7Tenant's insurance obligation and landlord's recourse
- Decree of 30 March 2016 fixing the maximum amount of the increase of the annual insurance premium on behalf of the tenant