Home insurance: tenant or owner for whom is it compulsory?

Home insurance is mandatory for tenants

Home insurance is a legal obligation for all tenants. Law No. 89-462 of July 6, 1989, which contains provisions concerning rental contracts for empty or furnished accommodation, requires the tenant to take out insurance to cover rental risks. It stipulates that “the tenant is responsible for the damage he causes to the building during his rental term and that he must repair the damage caused. »

The insurance for rental risks covers in particular damage caused by fire, explosion or water damage. The amount of reimbursements is paid directly to the tenant by the insurer. When the keys are handed over to the tenant, then every year thereafter, the landlord has the right to demand from his future tenant a certificate of home insurance certifying that it is covered against rental risks.

To protect itself in the event of non-compliance with this obligation, the owner can insert a termination clause for lack of insurance in the rental contract. Thus, if the tenant is not able to present a certificate each year, the owner can, without response one month after the sending of an order by bailiff, proceed to the termination of the rental lease.

The owner can also personally take out home insurance on behalf of his tenant in civil liability, if the latter does not do so. It is then the tenant to pay each month 1/12th of the amount of the insurance premium in addition to his rent. The law specifies that the owner even has the right to apply a maximum increase of 10% to this insurance premium, as compensation for the steps taken.

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