How to manage a claim in furnished rentals?
Synonymous with long procedures, and sometimes even expensive, the management of a claim is often apprehended.
A few questions often come up, including who is in charge of claims management and what are the key steps in managing a claim.
A claim must generally be declared within 5 working days (2 working days in case of theft). In the event of water damage, the perpetrator and the victim of the leak must report the loss to their respective insurance. For theft or vandalism, a complaint must be filed with the police and the original Report (PV) must be sent by mail to the insurance, by registered letter with acknowledgment of receipt.
After the declaration, the loss is evaluated by an expert who will make it possible to make a report. This report defines what is to be compensated. All parties concerned (tenant, landlord, trustee, insurers) are summoned to 21 days.
Once the responsibilities have been determined, the loss can be compensated in two stages:
Attention the resolution of the claim may take longer than expected depending on the involvement of each party (tenant, owner, trustee, insurers).
A few questions often come up, including who is in charge of claims management and what are the key steps in managing a claim.
A claim must generally be declared within 5 working days (2 working days in case of theft). In the event of water damage, the perpetrator and the victim of the leak must report the loss to their respective insurance. For theft or vandalism, a complaint must be filed with the police and the original Report (PV) must be sent by mail to the insurance, by registered letter with acknowledgment of receipt.
After the declaration, the loss is evaluated by an expert who will make it possible to make a report. This report defines what is to be compensated. All parties concerned (tenant, landlord, trustee, insurers) are summoned to 21 days.
Once the responsibilities have been determined, the loss can be compensated in two stages:
- Immediate compensation after receipt of the expert's report
- Compensation paid after the completion of potential work or the substitution of damaged property
Attention the resolution of the claim may take longer than expected depending on the involvement of each party (tenant, owner, trustee, insurers).
How to manage a claim in furnished rentals?
A few elements differ in the management of a claim compared to a conventional rental :
The lessor can take out an additional guarantee that will allow him to be covered in case of insufficient insurance of the tenant and the condominium. In particular, the "non-occupant owner" insurance (PNO), made mandatory by the ALUR law.
- In the context of a furnished rental, it is up to the owner to make the claim and not the tenant.
- As part of a furnished rental as a main residence, insurance is not mandatory. If a loss occurs while a tenant is in the dwelling, the tenant's presumption of liability applies. And in the event that the tenant does not have insurance, then he will not have to pay compensation for the damage caused.
- In the event of water damage, the CIDRE convention (agreement signed by insurers with the aim of simplifying and especially accelerating the various procedures, including compensation) does not apply in the context of a furnished rental.
The lessor can take out an additional guarantee that will allow him to be covered in case of insufficient insurance of the tenant and the condominium. In particular, the "non-occupant owner" insurance (PNO), made mandatory by the ALUR law.
Which insurance covers claims?
In the case of water damage, we want to know if the disaster comes from the hot water tank, a defective seal, or an infiltration by façade.
For example, the tenant is responsible for the routine maintenance of the property (Decree No. 87-712 of 26 August 1987), the owner of other work and repairs to the dwelling and the condominium ensures the maintenance of the building and common areas.
The cause of the loss makes it possible to direct liability to one or the other of the insurances.
Like what:
For example, the tenant is responsible for the routine maintenance of the property (Decree No. 87-712 of 26 August 1987), the owner of other work and repairs to the dwelling and the condominium ensures the maintenance of the building and common areas.
The cause of the loss makes it possible to direct liability to one or the other of the insurances.
Like what:
- When the loss affects the furniture, it is the responsibility of the tenant.
- When the loss affects real estate parts of the property (a door, a window, etc.), it is the responsibility of the owner.
- When the disaster affects the common areas of the building, it is the responsibility of the co-ownership.
What are the most common home disasters?
According to the French Insurance Federation, during the conference "Insurers, actors of sustainable recovery" in May 2021, some figures were communicated to us:
In 2020, insurers managed nearly twelve million claims, including 9,750 per day.
- Water damage (4,030 claims per day)
- Weather events (1,360 per day)
- burglaries (760 per day)
Ce qu’il faut retenir :
- A claim must generally be declared within 5 working days (2 working days in case of theft).
- After the declaration, the loss is evaluated by an expert who will make it possible to make a report. This report defines what is to be compensated. All parties concerned are convened within 21 days.
- The cause of the loss makes it possible to direct liability to one or the other of the insurances.
- According to the French Insurance Federation, water damage is the most frequent disaster.
- In the context of a furnished rental, it is up to the owner to make the claim and not the tenant.
- As part of a furnished rental as a main residence, insurance is not mandatory. If a loss occurs while a tenant is in the dwelling, the tenant's presumption of liability applies.
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Posted on 31/03/2023 by
Andy LECUYER
