Obligations of the tenant in matters of insurance The obligation of insurance
The tenant of a dwelling is liable for the duration of the rental of the damages which it can cause to the building. In units subject to the provisions of the Act of 6 July 1989, that is to say an empty rented dwelling for residential use, whether it is social park or private park, the tenant is legally obliged to Insurance against the rental risks (art 7 law of the 6 July 1989).
Exempt from this obligation are seasonal rentals, official housing.
In the case of renting a rental insurance policy, it is not legally binding, but this obligation may result from the contract and the tenant must therefore subscribe.
What is insurance for rental risks
It covers damage to the building caused by fire, explosion or water damage.
It does not always cover damage to property including theft which will require the purchase of supplementary insurance.
What are the risks in the event of insurance default?
In case of absence of insurance, no damage will be compensated.
The lack of insurance can be sanctioned by the cancellation of the lease, that is to say its early cancellation, a month after the sending of a command to ensure remained unsuccessful.
The owner may require the delivery of an insurance certificate upon entering the premises and annually on the anniversary date of the lease.
New provision ALUR law (application suspended pending modification of the decree recoverable expenses):
If the certificate of insurance is not handed over and after a formal notice has not been given, the lessor may take out insurance on behalf of the tenant and recover it from the tenant.
The owner, whether he is an occupant or lessor, is not obliged to insure his accommodation, but he will then be responsible for compensation for any damage his property may cause.
The owner generally subscribes to a so-called "multi-residential insurance" which covers fire, explosion and theft damage.
The landlord (who rents out his property) can only insure a third-party liability, so he will be covered in the event of damage due to a construction defect or lack of maintenance.
Insurance in condominiums
Most condominium regulations require the condominium to make sure to guarantee the damage to the building and the civil liability of the union.
Since the ALUR Law it is now a legal obligation (art 9-1 new of the Law of 10 July 1965)
Group insurance covers only the common parts. However, it can also guarantee each co-owner for damages originating at home and caused to third parties, neighbors (water damage ..) or its potential tenants.
Attention, in the absence of personal insurance covering the damage caused to the units the co-owner will not be covered.
The guarantee "storm, hurricane, cyclone"
Insurance contracts that include a fire warranty automatically include a "storm" warranty.
In the case of this guarantee are covered not only the effects of wind, but also damage caused by rain.
Warning: Please check the conditions for putting into play the list of exclusions, as well as the amount of any deductibles set by the insurance contract.
The Natural Disaster Guarantee
Since the 13 July 1982 Act, all contracts covering damage to property necessarily include a guarantee against natural disasters (multi-hazard home, multi-risk commercial or business loss insurance, automobile insurance including a "damage" )
The definition of natural disaster is given by art 125-1 of the insurance code.
However, it is not the insurer that determines whether or not the damage results from a natural disaster, it is the public authorities that trigger the natural disaster procedure.
The insurer's guarantee is triggered by the publication in the official gazette of an interministerial decree establishing the state of natural disaster for the event (s) and in the geographical area determined by the decree.
In order to be indemnified, the insured must declare the loss to the insurer as soon as he becomes aware of it and at the latest within ten days of the publication of the decree in the official gazette.
NB: The insured person can declare the loss before the publication of the order, it will avoid having to "monitor" the publication of the order and the risk of a late declaration that will not be taken account.
As soon as possible, the insurer must be provided with an estimate of the losses: any document may be taken into consideration (photo, purchase invoice, notarial deed)
The insurer must pay the indemnity within three months of the date of the presentation of the estimated loss, or if it is later than the date of publication of the order.
Contact: Pole Solidarity and Families -Direction Social Inclusion-Service Habitat-Logement
Tel: 0590 .876.192.