Owner's insurance of housing

Verified 07 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The owner-occupier of a dwelling is not obliged to take out a dwelling insurance, unlike the tenant. But if the property is located in a condominium, insurance may be imposed by the condominium by-law. The landlord who leases his property must ensure that the tenant takes out home insurance. The rules apply regardless of your nationality and the length of your stay in France.

Owner occupying his dwelling

The owner who occupies his own home is not obliged to insure his property. But if he does not take out insurance, he will have to pay compensation for any damage that he and his property may cause.

Warning  

if the dwelling is part of a condominium, it must obligatory be insured, at least in respect of the party responsible for civil liability.

The owner of a dwelling may decide to take out home insurance.

For example, it can subscribe to a multi-risk housing, which includes the mandatory rental risk guarantee and additional guarantees.

For the owner, the property and casualty insurance covers claims which may affect a dwelling: fire, explosion, water damage, etc. It may also cover theft (property and valuables, beautification and interior fittings of the dwelling).

For third parties, property and casualty insurance is covered by the owner's civil liability. The contract thus allows the repair of damage caused by the owner or the persons for whom he is responsible (person with whom he lives as a couple, children, employees...).

FYI  

the contract may, however, specify exclusions from warranty. For example, for the dog trained for the attack or for the practice of a professional activity in the dwelling.

Owner renting his accommodation

The owner who rents his property can only take out insurance for his civil liability.

It will be covered in case of damage caused by a construction defect or a lack of maintenance.

In the event of a disaster, he may choose to request the cover of the guarantee tenants' appeal or the guarantee recourse of neighbors and third parties depending on who is the victim.

Please note

before you engage with an insurer, make sure that the contract you are offering does not duplicate the one the condominium trustee of your building.

The tenant must give the owner, upon delivery of the keys and then each year, a certificate of insurance.

If the owner does not do so, he must send him a formal notice reminding him of the obligation to insure himself. The notice must also inform the tenant that if he does not take out the insurance, the owner will take it himself and ask for the refund.

If, one month after this formal notice, the tenant has not sent him the insurance certificate, the owner can take out a home insurance on behalf of the tenant or terminate the lease contract. However, a clause providing for such termination must be included in the contract.

In addition, in order to terminate the lease, the landlord must have the tenant issued by a commissioner of justice (formerly bailiff and judicial auctioneer) a command and wait for this command to remain unsuccessful for a period of 1 month.

The amount of the insurance premium will be paid by the tenant every month in addition to the rent to the owner.

Warning  

if the unit is located in a condominium, the owner must ensure that civil liability.

To protect against the risk of non-payment of rent by the tenant, the landlord can take out unpaid rent insurance. This guarantee is offered by insurance companies.

Some tenants have similar coverage under the Visal guarantee. It is a bond granted by Housing Action to facilitate access to housing for certain categories of workers. In this case, the owner can benefit from the guarantee without having taken out the insurance himself.

FYI  

the unpaid rent insurance does not apply to seasonal rentals.