Tenant home insurance: the mandatory annual certificate

A tenant of a main residence must be insured, and must prove it to the landlord — when moving in, then every year. This duty, often poorly understood, protects the tenant as much as the landlord. This guide sets out the home-insurance duty, the annual certificate to request and the landlord's remedies in the event of default.

The tenant's home insurance: a legal duty

Act no. 89-462 of 6 July 1989 (article 7, g) requires the tenant of a dwelling let as a main residence to insure against the rental risks — at minimum fire, water damage and explosions. This duty, historically specific to unfurnished lettings, was extended to furnished lettings by the Alur Act.

In practice, the tenant takes out comprehensive home insurance, which covers the rental risks required by law and, beyond that, their own belongings and their public liability.

The insurance certificate: on move-in, then every year

The tenant must give the landlord an insurance certificate when the keys are handed over, then each year at the landlord's request. The certificate is a simple document issued by the insurer, stating the insured dwelling, the coverage period and the cover. It is proof that the insurance duty is being met.

The landlord is well advised to request this certificate on each anniversary of the lease: a policy may have been cancelled during the year. Tracking this renewal is part of sound rental management.

What happens if the tenant does not take out insurance?

The tenant's lack of insurance is not without consequence. The law offers the landlord two options, provided they are set out in the lease:

• The forfeiture clause: if the lease provides for it, a lack of insurance may, after a formal demand that goes unheeded for one month, lead to termination of the lease.
• Insurance on the tenant's behalf: the landlord may take out insurance for the tenant's account, after serving a formal notice that goes unanswered for one month. They then recover the premium from the tenant, increased by no more than 10%, in twelfths added to the rent.

These mechanisms aim to ensure that no let dwelling remains without cover, without depriving the tenant of their home in a disproportionate way.

What comprehensive home insurance covers

The tenant's comprehensive home insurance goes beyond the legal minimum. It generally covers:

• The mandatory rental risks: fire, water damage, explosions — the damage for which the tenant is answerable to the landlord.
• Public liability: damage caused to neighbours and third parties (the well-known “neighbours' claims”).
• The tenant's personal belongings: furniture, appliances, effects, against theft and losses depending on the policy.

Landlord: how to track the annual certificate

For the landlord, good practice comes down to three points: require the certificate when the keys are handed over, request it on each anniversary, and keep every document. A dwelling whose tenant is uninsured exposes the landlord to having to fall back on their own PNO policy — hence the value of dovetailing the two.

A rental-management tool that centralises leases and alerts you as certificate renewals approach prevents oversights and secures the landlord-tenant relationship.