For a residential lease, the tenant provides their home insurance certificate to the landlord or agency when the keys are handed over, then once a year at their request. This obligation also applies to a mobility lease.
A certificate to provide when moving in, then on request
The tenant must take out home insurance covering at least rental risks. They provide the certificate to the landlord or agency when the keys are handed over to them.
During the lease, they must also provide it once a year at the request of the landlord or agency. A distinction should therefore be made between the handover of the keys, when the certificate is to be provided, and the annual request during the tenancy.
Different rules apply to furnished tourist accommodation.
What does the mandatory minimum cover?
Rental risks cover applies to damage caused to the property by fire, explosion or water damage. It is the only mandatory cover for a tenant under a residential lease or a mobility lease.
This cover only applies to damage caused to the rented property. It does not cover damage that may be caused to neighbours if the incident extends beyond the property.
“Neighbours’ and third parties’ claims” cover can cover this damage and remains optional. Rental risks cover also does not cover the tenant’s personal belongings damaged in an incident.
To protect their belongings, the tenant can take out additional insurance, commonly called comprehensive home insurance; this insurance is optional. The choice of cover should therefore be considered separately from simply providing the certificate.
What happens if the certificate is not provided?
If the tenant does not provide the rental risks insurance certificate when the landlord or agency requests it, the landlord or agency may choose to request termination of the lease or take out insurance on the tenant’s behalf. These actions follow separate procedures.
The request for termination
If the lease contains a termination clause for failure to have insurance, the landlord or agency must arrange for a commissioner of justice to serve the tenant with a formal notice. The tenant then has one month after receiving it to take out rental risks insurance.
If no insurance is taken out within this period, the landlord or agency must apply to the court to ask the judge to confirm the termination of the lease and order eviction. If the lease does not contain this clause, the landlord or agency must have the tenant summoned before the court to ask the judge to terminate the lease and order eviction.
Insurance taken out on the tenant’s behalf
The landlord or agency must first send the tenant a registered letter with acknowledgement of receipt stating their intention to take out rental risks insurance on the tenant’s behalf. The tenant then has one month to take out this insurance.
By sending this letter, the landlord or agency can no longer request termination of the lease for lack of insurance, even if the lease contains a termination clause. After this period, if the tenant has not provided an insurance certificate, the landlord may take out rental risks insurance on the tenant’s behalf.
The landlord or agency pays the premium, but the tenant must reimburse it; the amount may be increased by up to 10 %. The total reimbursement is divided into twelfths with each monthly rent payment.
The tenant can end this insurance by taking out rental risks insurance and providing their certificate to the landlord or agency. The landlord or agency must then cancel their insurance as quickly as possible; the tenant reimburses the portion of the premium required by the insurer up to cancellation.
For a question about their situation, the tenant can contact a departmental housing information agency (Adil).
