Tenant Claim Declaration: What to Do?

William

February 12, 2017

Tenant Claim Declaration and Management: What to Do?

The declaration of a rental claim is a crucial step for both the tenant and the landlord. In case of an incident, it is important to act quickly to minimize damage, avoid conflicts, and ensure efficient insurance coverage. Lodgis explains the steps to follow in 2025 for the declaration and management of a rental claim.

1. Act Immediately and Declare the Claim

If the claim affects your personal belongings:

You must contact your insurer as soon as possible to declare the damage. Your home insurance, which is mandatory for all tenants, will compensate you according to the guarantees subscribed (fire, water damage, theft, etc.).

If the claim affects the property:

It is essential to inform the landlord or the real estate agency as soon as possible. This step is crucial to coordinate repairs and prevent further damage.
In case of a major incident (fire, severe flooding, etc.), it may be necessary to notify emergency services (firefighters, police) and secure the property if possible.

2. Which Insurance Covers the Damages?

Coverage depends on the type of rental and the nature of the claim:

For Furnished Rentals

The non-occupant landlord insurance (PNO) primarily covers damages affecting the property.
The tenant’s personal belongings, as well as any improvements made by them, remain covered by their own home insurance policy.

For Unfurnished Rentals

The tenant’s home insurance always covers claims that occur in the property (water damage, fire, etc.), unless the landlord is responsible (construction defect, lack of maintenance, etc.).

In any case, it is advisable to check your insurance contract to understand the extent of your coverage and the claim declaration process.

3. Difference Between Maintenance, Repairs, and Compensation

What the Insurance Covers

The insurer covers the restoration of damages, as well as those caused by investigating the source of the claim (for example, demolishing a casing to identify a water leak).

What the Insurance Does Not Cover

Routine maintenance and certain repairs are not covered. For example, if a water leak is caused by a worn bathtub seal, the insurance will not cover either the leak investigation or the replacement.

Who Pays for Repairs?

The tenant is responsible for routine maintenance repairs (replacing faucet seals, minor appliance repairs, etc.).
The landlord is responsible for repairs related to the structure of the property or aging elements (replacing a pipe, repairing a damaged roof, etc.).

To know precisely which repairs are the responsibility of the tenant or the landlord, you can refer to the official list of rental repairs defined by decree No. 87-712 of August 26, 1987.

4. What to Do If the Landlord Does Not Respond?

If you have informed your landlord about a major problem and they do not take action within a reasonable timeframe, you can:

Send a registered letter with acknowledgment of receipt reminding them of their obligations;
Contact your home insurance, which may sometimes advance the costs while seeking reimbursement from the landlord;
Refer the matter to the Departmental Conciliation Commission (CDC) or, as a last resort, take legal action.

5. When in Doubt, Contact Your Insurer or Landlord

If you are facing a claim and do not know what steps to take, the best approach is to contact your insurer or your landlord/real estate agency. They will guide you to ensure a quick resolution and avoid complications.

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