An insurance obligation depending on the occupant status
Depending on whether the student is a tenant or roommate, or whether he occupies an empty or furnished apartment, housed in a hostel/university residence, or a room in a private home, he may be subject to the obligation of rental risk insurance.
Tenants subject to the legal obligation of rental risk insurance
Students renting a studio or an apartment, alone or in a shared apartment, are required to cover their rental liability vis-à-vis the landlord (Law No. 89-462 of July 6, 1989). A certificate must be provided at the signing of the lease.
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Tenants exempt from the legal insurance obligation
Some students are exempt from this obligation. These are student tenants in:
- seasonal rental.
If they are not subject to this obligation, this does not mean that they can dispense with taking out a contract covering their rental liability. The owner can decide to include in the lease a clause making coverage of rental risks mandatory. The subscription of this guarantee is also strongly recommended.
The conditions for taking out student housing insurance
When the contract taken out is specific to students, to benefit from it they must prove their status by presenting a valid student card or a certificate of registration in a higher education establishment.
According to insurers, only occupants of accommodation not exceeding a certain area can benefit from the formula reserved for students (generally 2 rooms or 4/5 rooms if shared accommodation).
The special case of joint tenancy
Joint tenants, like any tenant of a dwelling (except the occupant of a furnished apartment) are legally required to guarantee their rental risks and to provide proof of insurance towards the owner.
It is good to know that in shared accommodation, if the roommates are collectively responsible vis-à-vis the landlord, each remains individually responsible in proportion to their participation in the rent. This is why each roommate must check that he is covered individually in the event that his personal civil liability is involved.
To meet this insurance obligation, 3 solutions are available to roommates to be covered in the event of a glitch involving their rental liability.
Coverage by individual contracts
Each roommate must sign an individual contract which covers not only their rental liability, but also the recourse of neighbors and third parties and their civil liability. It can also guarantee capital relating to the property and personal effects of the student.
To note : it is in the interest of joint tenants to take out their contracts with the same insurer. This facilitates settlement in the event of a claim.
Coverage by a collective contract
On the initiative of one of the joint tenants and after agreement of the others, a collective contract can be subscribed. This contract must clearly name all the joint tenants.
Be careful, however, in the event of collective subscription, various precautions must be taken. Each change of co-tenant during the contract must imperatively be notified to the insurer and be the subject of an endorsement (otherwise the new risk of not benefiting from the guarantee of one’s own civil liability). If the subscriber of the contract leaves the colocation and therefore terminates the contract, the others must imperatively subscribe to a new one without waiting, otherwise they will no longer be insured.
Good to know : in the event of collective subscription, if the civil liability of the joint tenants is well acquired, it does not play between them, because living under the same roof, they do not have the quality of third party between them. This therefore means that the insurance does not respond in the event of damage caused by one of the roommates to another roommate.
The insurance taken out by the landlord on behalf of the roommates
The owner can propose in the lease to take out insurance on behalf of the joint tenants (formula known as “insurance on behalf of whom it will belong”). This formula has the advantage of securing coverage for the landlord, avoiding formalities when changing roommates and eliminating the risk of a roommate not being insured. If this formula is chosen by all the joint tenants, a so-called waiver of recourse clause against the joint tenants must appear in the lease, the annual contribution is collected with the rent on the basis of one twelfth (1/12th) and shared between the various joint tenants in proportion to the private area occupied by each of them.
This last solution is by far the most practical for both the landlord and the roommates and is often the least expensive.
To note : this formula is also recommended for individuals who rent a room in their home to a student.
The guarantees of a student’s accommodation insurance
Whether it is a normal rental or a shared rental, the insurance of student occupants is done by taking out a multi-risk housing contract. The contract must include the following guarantees:
- rental risks (mandatory),
- the recourse of neighbors and third parties (not obligatory, but essential),
- civil liability in the event of an accident (not mandatory, but essential),
- a guarantee covering the movable property and personal effects of the student.
Good to know :certain contracts, modeled on multi-risk housing, but designed specifically for students, provide for limited capital furniture and personal effects (for example, in a studio, the guarantee will be limited to 3,500 euros), which has the effect of reducing the contribution . Attention in this type of contract to the guarantee of precious objects and valuables (see the exact definition in the General Conditions of the contract), which is not always acquired. The contract generally covers against the following events:
- fire and related risks (explosion, implosion, lightning, etc.);
- storm, snow, hail;
- water damage ;
- theft and vandalism;
- glass breakage;
- attacks and acts of terrorism;
- natural disasters ;
- technological disasters;
- defense & recourse.
Depending on the insurers, other guarantees may be offered (Assistance, breakdown assistance, computer equipment guarantee, household appliances, legal protection, compensatory indemnity in the event of impossibility of attending examinations for medical or family reasons, etc.).
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