Home insurance: in which cases is it compulsory?

Taking out home insurance is mandatory for some and recommended for others. Tenant, co-tenant, owner or co-owner of an empty or furnished accommodation: the obligation to take out insurance will depend on your status and that of your accommodation.


Home insurance, in which cases is it compulsory? /iStock-Hispanolistic

Tenants and co-tenants subject to compulsory insurance

Since 1989, home insurance has been compulsory for all tenants and joint tenants, whether they rent a furnished or unfurnished apartment, in order to cover the risks for which they are responsible by virtue of their status (damage caused to the building or to third parties ). In the case of a joint tenancy, all the persons appearing on the lease are potentially considered liable in the event of a claim. Everyone must therefore take out “colocation home insurance”, through a common contract or separate contracts. Proof of insurance will be requested by the lessor when signing the contract, then each year. If the tenant does not comply with this obligation, the landlord can take out insurance himself and pass on the price to the monthly rent. He also has the option, if the contract so provides, of terminating the tenant’s lease and evicting the latter within one month after an unsuccessful injunction. In the event that the uninsured tenant is considered responsible for a claim, he will have to compensate the neighbors out of his own funds. The tenant has complete freedom in the choice of his insurer, as well as the offer. He can therefore opt for a minimum insurance against so-called “rental” risks (which covers damage caused by water damage, a domestic fire or an explosion), or supplement it with a “recourse from neighbors and third parties” guarantee for cover damages to third parties. On the other hand, the insurance is not necessary for a housing of function, a seasonal hiring or a furnished hiring. In the case of a sublease, it is also optional, but remains strongly recommended. You should know that the tenant who sublets his accommodation remains fully responsible to the landlord. To protect himself against any damage caused by the sub-tenant, he can take out a “sub-tenant’s recourse” guarantee.

Owners: non-compulsory home insurance

Although home insurance is not compulsory for the occupying owner, it is nevertheless strongly recommended to protect against the most common risks (burglary, fire, water damage, etc.). In the absence of insurance, he will have to insure the financial consequences of the disaster alone. Nor does the law oblige the non-occupying owner to take out insurance, whether the property is empty or furnished. But, here too, insurance can save him a lot of inconvenience by protecting his property from the risk of degradation (in the event of rental), and by protecting it from an unpaid tenant as well as from possible damage caused by a construction defect. or by lack of maintenance. Non-occupant homeowner’s insurance includes several types of guarantees: recourse by tenants, recourse by neighbors and third parties, and can also include options such as the premature departure of the tenant or the loss of income between two rentals. The case of co-ownership is an exception to the rule. Since 2014, co-owners are indeed required to take out home insurance, in order to guarantee their liability towards the co-ownership itself, neighbors and third parties, as well as any tenants.

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