Is comprehensive home insurance mandatory?
The obligation to take out - or not - home insurance varies depending on the status of the person who occupies the accommodation. Occupying owner, non-occupying owner, tenant… for whom is it compulsory to take out insurance for their property? We get back to you.
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Is comprehensive home insurance mandatory?
If the accommodation is in a condominium, then home insurance is compulsory. © RossHelen
Summary
Homeowners insurance is not compulsory
Non-occupying owner: optional insurance but recommended
Home insurance is compulsory for tenants
How to choose the right home insurance?
How is the home insurance premium calculated?
Homeowners insurance is not compulsory
The obligation to insure - or, conversely, not to insure - one's accommodation depends on the status of the person who occupies it. Thus, a landlord who occupies his home is not required to insure it. However, if he does not take out comprehensive home insurance (MRH), he will have to cover compensation for all the damages that not only himself but also his property could cause. This is the reason why it is strongly recommended to take out home insurance to protect yourself. And for good reason, if he takes out home insurance, the owner is then covered against risks that may affect his home (fire, explosion, etc.) as well as against theft (valuables, interior fittings of the home, etc.). For their part, third parties are covered by the civil liability of the owner, guaranteeing the repair of damage caused by the latter. Finally, it should be noted that the insurance contract may include exclusions of guarantee ruling out damage of nuclear origin, resulting from a war or the origin of which would be prior to the signing of the contract. The exclusions may also concern the practice of a dangerous sport (motor racing, mountaineering, parachute jumping, etc.) or the possession of first or second category dogs (pit bulls, boerbulls, Tosa).
If the property is part of a condominium, its owner must - at a minimum - be insured with regard to the civil liability part.
Non-occupying owner: optional insurance but recommended
The owner of a rented home is not required to take out home insurance. However, it is strongly recommended that they take out PNO (Non-occupying owner) insurance. This insurance should then include guarantees ("recourse from tenants" and "recourse from neighbors and third parties") which will protect the policyholder against possible damage linked to a lack of maintenance or a construction defect in his home. Note, however, that if the property is in co-ownership, home insurance is therefore compulsory, with - at a minimum - liability insurance. Before committing to an insurance company, the owner must however verify that the proposed contract does not duplicate the one he will have previously taken out by the co-ownership association. In addition to PNO insurance, the non-occupying landlord can also purchase unpaid rent insurance to protect against the risk of non-payment of rent by the tenant.
Unpaid rental insurance does not apply to seasonal rentals.
Home insurance is compulsory for tenants
While home insurance is optional for the owner, it is, on the other hand, compulsory for the tenant. The latter has, in fact, the obligation to take out home insurance and provide the owner with an insurance certificate when the keys are handed over, and then on each anniversary date of the contract. If the tenant is free to subscribe to the insurance offer he wishes, he must at least insure the accommodation against rental risks in order to protect himself against damage related to water damage, fire or to an explosion. If the tenant does not send his insurance certificate to the owner, the latter is then entitled to send him a formal notice reminding him of the obligation to take out insurance. If, one month after the formal notice, the tenant has still not sent an insurance certificate, the owner can take out one on behalf of the tenant and claim a refund. He may also terminate the rental lease contract, on condition, however, that a clause providing for such termination is included in the contract.
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