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Insurance and housing: can a proof of insurance be required?

Insurance and housing: can a proof of insurance be required?

This question often comes down to the responsibility of tenants in rental properties.
Indeed, many tenants do not take insurance, neither for the furniture or to ensure their civil liability.

The question is therefore: Can the landlord require his tenants to have home insurance?
The answer is yes, but only under certain conditions.

Like for smoking, the owner must announce, as soon as his advertisement to rent is published, that proof of insurance will be required.

Then this condition must be entered in the mandatory form of the lease.

Many will also add that the tenant must provide proof whenever the insurance policy is renewed.

So be careful, if you do not clearly announce your intentions to receive a copy of the insurance certificate and you fail to enter this into the lease, the administrative court of the Régie du logement will refute your request.

And if the owner wants to change the lease by asking for proof of insurance?

In the case of adding an insurance clause to a lease that did not initially include it, the main obstacle to such a modification is the notion of an abusive clause. According to Section 1901 of the C.c.Q., « A clause stipulating a penalty of an amount exceeding the value of the injury actually suffered by the lessor, or imposing an obligation on the lessee which is unreasonable in the circumstances, is an abusive clause. Such a clause is null or any obligation arising from it may be reduced.»

Last tip from the APQ: Do your homework! The drafting of the announcement as well as the drafting of the lease must be done carefully. So, fill them out quietly, take the time to reread it and make sure that all the clauses are completed as needed.

Do not sign a lease form that you just bought in a hurry in front of your future tenant!

For any questions, please contact our legal department.

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Québec Landlords Association

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