Home insurance in the context of a shared apartment: how does it work?
Community living, rent and shared costs: while shared accommodation has many advantages, it is not exempt from insurance obligations. We tell you everything.
Tired of spending your evenings alone in front of a bad movie on TV? Frustrated at not being able to share your cooking skills? Stressed about not being able to pay your rent at the end of the month? What if you tried the adventure of shared accommodation?
The main advantage of living together? The amount of rent divided by the number of tenants. To give you an idea, the average cost of a shared room is € 427, charges included. For a studio rental classic, you have to spend on average 515 €, or 21% more [1]. And then living in a shared apartment, in addition to having a room just for you, will also allow you to enjoy a living room, a kitchen ... and even a bathroom and toilets located in your apartment and not on the landing!
Roommate: what does the law say?
Article 8-1 of the law of July 6, 1989 defines joint tenancy as "the rental of the same accommodation by several tenants, constituting their main residence, and formalized by the conclusion of a single contract or of several contracts between tenants and the lessor ”. This same article excludes from shared accommodation rentals granted to spouses or partners linked by a PACS.
Regarding the shared rental lease, it can take two forms: that of a single lease, signed by all the roommates, or that of several individual rental agreements, signed between each roommate and the owner.
In the case of a shared rental with multiple leases, each roommate is solely responsible for paying their share of the rent. In a single shared lease, each roommate may instead be held responsible for non-payment of rent for one of them. This is very often the case: the majority of single lease contracts include a solidarity clause stipulating that each roommate is responsible for all the obligations of the lease. And therefore the payment of rent and charges. In other words, if one of the roommates does not respect his obligations, the landlord can turn against the other roommates (or their surety) so that they take care of the missing part of the rent.
Good to know
How do you know if a contract contains a solidarity clause?
It happens that certain expressions appearing in the lease make the joint tenants solidary without the word “solidarity” being clearly written. Thus, it can be replaced by the expressions "the roommates are held for each other", "the roommates are each held for the whole" or "the roommates have an obligation of everything" ...
Sharing: is home insurance compulsory?
As stipulated by the law of July 6, 1989, as a tenant of a home, whether or not you share a shared apartment, you must be covered by home insurance. On the other hand, only the "rental risks" cover, which is intended to compensate the owner in the event of fire, explosion or water damage, is compulsory.
Collective lease, individual lease: what does it change for home insurance?
A collective lease contract effectively involves the subscription of a single home insurance contract which will guarantee the entire home for the benefit of all its occupants. Hence the importance of checking that each of the roommates is specifically named in the contract. Otherwise, he will not be considered as a tenant of the accommodation and will therefore not be covered in the event of a claim.
Good to know
Under a collective lease contract, home insurance must be taken out by one of the roommates who will declare the co-signatories of the lease to the insurer so that they can be compensated in the event of a claim.
In the case of a personalized lease contract, each roommate must meet the obligation to take out an insurance contract in his own name to guarantee the part of the accommodation that he uses. This formula has the advantage of allowing everyone to choose the most suitable guarantees, taking into account in particular the value of their movable property. However, to avoid litigation in the event of a claim, it is preferable that the roommates take the same insurer.
Can the lessor take out home insurance on behalf of his tenants?
Yes. Provided that the roommates give their agreement via the lease contract, the landlord can take out insurance on their behalf. It will then pass on 1 / 12th of the annual contribution to the amount of the monthly rent.
This solution allows the owner to control in real time the updating of the contract in the event of significant turnover of occupants in the accommodation. She comes
إرسال تعليق