Renter's home insurance: rental risks

Verified 11 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)

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  • It is neither a seasonal rental nor an official accommodation
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Yeah. Yeah. If you are a tenant of a rented accommodation with a residential lease (including a mobility lease), the law requires you to insure it at least with insurance for rental risk.

Rental risk insurance covers damage to the dwelling caused by a fire, explosion or water damage.

But the coverage of this insurance is only for the rental itself. Damage to neighbors is not covered by this insurance. They must be covered by another guarantee, called recourse of neighbors and third parties, which is optional.

Rental risk insurance also does not cover your personal property, which could be damaged in a disaster. The insurance will not reimburse you. To guarantee your goods, you must subscribe to a supplementary insurance, commonly referred to as multi-risk housing.

If you do not provide the landlord with a "rental risk" certificate of insurance, then the landlord can choose to either terminate the lease or take out "rental risk" insurance on your behalf.

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Termination of the lease

Your lease may or may not contain a rescission clause for lack of insurance covering rental risks (damage caused to the dwelling by a fire, explosion or water damage).

Lease with rescission clause

The landlord must instruct a commissioner of justice (formerly the court bailiff's command) to give you a command asking you to take insurance "rental risks".

After receiving the order, you have 1 month to take out a "rental risk" insurance.

If you have not taken out insurance within this period, the owner must apply to the court to protection litigation judge find that your lease is terminated and order your eviction from the dwelling.

Other Lease

The landlord must appoint a commissioner of justice (formerly the court bailiff's command) of you assign before the court, to ask the protection litigation judge terminate your lease and order your eviction from the dwelling.

FYI  

Before summoning you to court, the owner can send you a formal notice comply with your obligation to take out rental risk insurance, but he is not obliged to do so.

Subscribing to a "rental risk" insurance for your account

The landlord must send you a registered letter with notice of receipt indicating his intention to take out a "rental risk" insurance, on your behalf.

FYI  

When the landlord sends this email, they can no longer request termination of the lease for lack of insurance, even if your lease contains a rescission clause.

After receiving this letter, you have 1 month to take out a "rental risk" insurance.

After this one month period, if you have not taken out insurance, the owner can take out one on your behalf.

The owner must then give you a copy of the insurance contract when it is taken out and each time it is renewed.

The owner pays the insurance premium annual invoice by the insurer. But you have to pay it back of this amount, which the owner may increase by not more than 10%. You must refund the total by 1/12eeach time the monthly rent is paid.

Example :

The owner paid an annual insurance premium of €200

The owner increases this amount by 10%

You owe him in total: €200 x 1.10 = €220

Each month, you must repay him: €220/12 = €18.33

The total amount to be repaid must be recorded on the notice of maturity and on the rent receipt.

You can end the insurance taken by the owner on your behalf. To do this, you must take out rental risk insurance and give him the certificate of insurance. The owner must terminate his insurance as soon as possible. You must refund the insurer's portion of the premium until termination.

When you permanently leave the accommodation before the end of the insurance contract, the owner must terminate it as soon as possible. You must refund the insurer's portion of the premium until the contract is terminated.