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Tenant insurance for renting flat in Paris

Copenhagen, Denmark
2 posts
1 review
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Tenant insurance for renting flat in Paris

I create a new thread because the previous topic was closed, but this is essentially a further information about this: tripadvisor.com/ShowTopic-g187147-i14-k37164…

Among other things said in that thread was that renting short term is actually illegal in France and cannot be insured. This is only partially true.

I am the owner of a flat that I rent out, not in Paris but in a nearby town, and I had to figure out about the regulation and insurances. Here is what I found out.

The main distinction to be made is whether the flat is rented furnished or unfurnished.

If unfurnished, the minimum legal agreement is one year, and the tenant has to get an insurance, called "assurance habitation". Usually you cannot get the keys without a proof that you have such an insurance. Also, the deposit is strictly regulated for such a rental.

Now, if furnished, there are virtually no regulation. Deposit amount can be set to whatever level, and it can be legally rented for a very short time. Although the same type of insurance is mandatory for the flat, it can either be taken by the tenant, or by the owner. In this last case, the owner takes an "assurance habitation" just as if he lived in the flat himself, still declaring that the destination of the flat is to be rented out. That way the insurance is not tricked and cannot refuse to pay if something happens. In this case if the owner does not declare things properly to his insurance company, he's the one in trouble, not you, and he cannot ask you to pay anything because of it.

Then as far as the insurance is concerned, it works just as if the renter was a mere guest: if anything happens were the tenant is not responsible (burglary, natural disaster, damages not caused by the tenant...) the owners insurance will pay, according to the terms of the contract.

In case of damages caused by the tenant, his personal insurance covers it, just as when you visit someone and break something: the owner's insurance company will contact the tenant's insurance company and get the money from them.

So as a summary:

- unfurnished flat: long term only, you need to have an insurance

- furnished flat: short term possible, you need to have an insurance only if the owner does not have one. Just check with him about it.

I hope this can help someone :)

Brisbane, Australia
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1. Re: Tenant insurance for renting flat in Paris

This is very useful clarity on a vexed topic. I rented two years ago with no mention of tenant insurance. I am re-renting the same property in 2013 and without checking the contract before writing this, I think I noticed a reference to insurance for fire and water damage. Certainly taking out such insurance was not a pre-requisite for a rental contract - and my contract is now in force.

I have assumed insurance relates to negligence on my part - I leave the plug in the bath and forget to turn off the taps in time. I leave something on the hot plates and it smoulders and spreads soot everywhere. But if the hose on the washing machine bursts or the plumbing to the hand basin in the bathroom springs a leak - I assume it is a problem for the owner.

I do assume that the owner and the agent have properly declared the rentai purpose of the flat to whomever needs to know - we are not surreptitious residents. We speak English, we greet the residents, we enter and leave in daylight and we speak to the nearby traders - we stand out. No one can pretend we are not what we are - visitors using a rented flat for a (relatively) short period. We are not alone. If we are illegal, then surely Paris has a problem.

Val-de-Marne, France
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2. Re: Tenant insurance for renting flat in Paris

Of course short term furnished rental is perfectly legal in France. I didn't read the other thread but I am surprised anyone could dispute that unless they got France and Paris confused.

Thanks for the explanation, it is very clear.

Val-de-Marne, France
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3. Re: Tenant insurance for renting flat in Paris

However I just noticed you posted in the Paris forum and the city of Paris recently decided to ban short-term furnished rentals. Of course since your flat is not in Paris you are not affected by the ban.

Copenhagen, Denmark
2 posts
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4. Re: Tenant insurance for renting flat in Paris

Did Paris really banned all types of short-term furnished rentals? Apparently they just decided to use an existing law to lower speculation. (Looking for additional info I found this, in french: http://droit-finances.commentcamarche.net/forum/affich-4929432-locations-court-terme-a-paris-interdites)

The law (the exact article is referenced in the above mentionned blog: "article 631-7 du code de la construction") does not say that such a rental is illegal, even in Paris. It says, in short, that the mayor of any town has the right to decide whether of not such a rental is accepted in his town or not, or even in case by case basis in the same town.

Which Paris, according to that blog (apparently posted by an employee of Paris administration) now uses to limit (and not forbid) the phenomenon, which I have no difficulties to believe was excessively developed.

Even these days my danish colleagues are renting furnished flats in Paris via Paris Attitude for a few months' period. Since Paris Attitude is a well known company with a rather good visibility, I can only assume that they have found an agreement with the city to have their activity approved. Of course, it would also be our responsibility as the tenants to make sure that our tenancy is legal.

Indeed, in France as in other countries, "nul n'est censé ignorer la loi" meaning roughly "it is assumed (as in: "mandatory") that everyone knows the law".

San Diego...
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5. Re: Tenant insurance for renting flat in Paris

Hi Cedrimon,

Thank you very much for the clarification. I have rented flat many times in Paris. But this past Septemeber, they asked me to buy insurance. I was a little upset because Paris Attitude probably gets some kick back from the company they recommend. My guess at the time was that it is uncessary.

I just want to do what is right and fair and your post helps alot. Many thanks.

6. Re: Tenant insurance for renting flat in Paris

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Removed on: 19 November 2013, 10:17