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What can I do against my tenant who has not purchased home insurance?



Published on 12/09/2020 at 7h00

Each month, the “Big Real Estate Meeting” (Capital / Radio Immo) answers your questions through its “It concerns you” sequence. Our experts – lawyers, notaries, real estate agents – solve the most complex legal problems for you and give you their sound advice whether you are considering selling, buying, renting or renovating your home. In this sequence Lorène Dehry, a lawyer specializing in real estate, answers a question from Philippe on the Facebook group the Club des proprios managed by Capital. Philippe is the head of 15 rental accommodation. By going through the files of each tenant, he realized that 6 did not provide their home insurance certificate, despite his reminders. Can he force them to take out home insurance? And if so, what if they refuse? Can he take out home insurance for them and then bill them for the rent?

In response to our Internet user, Lorène Dehry recalls that a tenant is indeed required to take out home insurance. He must justify this when the keys are handed over and each time his landlord asks him to do so. In the absence of a subscription, the lessor has three means of action. He can first of all terminate the lease when a specific clause covers this breach in the contract. If this is not the case, he can then refer the matter to the judge to request a judicial termination of the lease. Finally, last case, it will be quite possible for him to take out insurance to pass it on to the rent of his tenant: in this case, the lessor must however inform his tenant and cannot subsequently request a termination. of the lease for this reason.

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Our experts answer you

Are you an owner, buyer or seller who is still an investor and do you also have a legal, tax or practical question? Do not hesitate to connect to the Facebook group on Owners Club to ask your questions. The approximately 6,000 members of this group, created and managed by Capital, will be happy to provide you with their feedback. Secondly, we will also try to pass on your questions to submit them to our experts who will answer them in the next issues of the Great Real Estate Meeting.

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