Homeowners and renters keep asking themselves whether home insurance is compulsory. The answer to this question conditions the subscription of the home insurance contract. The status and type of housing determine whether or not home insurance is required.
Home insurance, no obligation for the owner
Home insurance is necessary but not compulsory for the owner. From a legislative point of view, owner-occupiers or not are not obliged to take out home insurance. Nevertheless, it is recommended to do so. Homeowners who have not taken out insurance fully assume their responsibility in the event of a claim. They disburse financial means to deal with damage caused by water, fire or burglary. They take full financial responsibility regardless of the author of the damage.
Home insurance, a legal obligation for the lessor
The lessor has every interest in taking out home insurance. It must also accompany it with a certain guarantee, namely the recourse of tenants, neighbors and third parties. He is thus protected from any damage relating to a construction defect or a lack of maintenance of the accommodation. The law n ° 89-462 of July 6, 1989 in its article obliges the tenant to insure against the risks. This obligation is effective with the delivery to the owner of a certificate from an insurer. Any lessor is required to require proof of insurance when concluding the rental contract. It is thus certain that any damage to third parties or to the accommodation is taken into account by the insurance. The default of the home insurance is sanctioned by the breach of the rental contract and by extension an eviction.
A relaxed obligation
The obligation of home insurance is not strict for the lessor. In principle, it does not apply in all situations. There are of course certain exceptions provided for by the legislator. It is not necessary to take out tenant home insurance in the event of furnished rental, official accommodation or seasonal rental. However, damage to housing is fully compensated by the lessor.
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