Tenant's liability insurance - can it be required from the tenant?

In some countries, renter's insurance is mandatory. Here There is no such rule and it is unlikely to change anytime soon. However, tenant liability insurance is interesting option.

Tenants of houses and apartments complain about the costs of renting for a reason. apartments. Rents are indeed stable (unlike, for example, 2022 year), but at the same time, media costs are rising. Data from the Central Statistical Office indicate that for three years (2022-24) thermal energy for households prices increased by 66%, and electricity by 39%. In addition, there are increases in, for example, water supply (+23% in 3 years).

It can therefore be assumed that tenants would protest if there was an official proposal regarding the obligation having a third party liability insurance policy for the tenant . Introducing a solution that is used in some other countries, now seems unlikely. Nevertheless, third party liability insurance for tenants will become increasingly popular in Poland. The situation is being monitored by experts from the country's largest multi-agency. Unilink insurance.

Introduction the insurance obligation for tenants is a rather unusual solution, which, however, is not a complete abstraction, as the example of Belgium shows. In this country, the obligation insurance for tenants of houses and premises was established gradually:

• in Wallonia - from 1 September 2018
• in Flanders - from 1 January 2019
• in the Brussels Capital Region - from November 1, 2024

Introduction the obligation to have insurance policies for tenants from Brussels and the surrounding area was partially just a formality, because the property owners there had already rental housing required tenants to purchase insurance, so they imitated solution applicable in the rest of Belgium.

"Polish readers can wonder why Belgian tenants were forced to have compulsory insurance policies. The answer to this question is very interesting - also in regarding the situation of local tenants," says Andrzej Prajsnar, expert at the Unilink insurance multiagency.

Featured the insurance obligation that currently exists in Belgium, of course is closely related to local regulations. Specifically, it concerns Article 1732 the Belgian Civil Code, which introduces a specific presumption the tenant's liability for damages incurred during the lease. The tenant may be released from this liability only if he proves that the damage occurred without his fault. A similar rule applies to damage resulting from fire. residential real estate. "Restrictive liability rules civil law of tenants introduced into Belgian law already in 1804, after more than 200 years ago, they justified the introduction of the insurance obligation," says Andrzej Prajsnar, Unilink expert.

What interestingly, the civil liability of French companies is regulated in a very similar way tenants - also based on regulations from over 200 years ago. However, the regulations introducing mandatory insurance for tenants in France appeared earlier than in Belgium. The insurance obligation for rentals was introduced as an element of the Act of 6 July 1989. Lack of fulfillment the insurance obligation entitles the landlord to terminate the contract or purchase of insurance at the tenant's expense.

"Compulsory French insurance the tenant covers damage to the building and caused by fire, explosion and flooding," says Andrzej Prajsnar, Unilink.

In Polish conditions, the lease has a slightly different character than in France and Belgium, because a lot Short-term contracts are more common. Besides these, other, more favorable terms apply. for tenants, the rules of their liability for damages. The differences mentioned compared to France and Belgium, combined with our relatively smaller the popularity of private rental and the wide scope of statutory protection tenants, reduce the probability that a proposal will appear in Poland introducing mandatory insurance for tenants.

"However, you can't exclude the possibility that over time, apartment owners will more often require the purchase of policies by the tenant or they will start purchasing insurance themselves more often taking into account the consequences of the tenant's negligence," he claims Maciej Łoboz, expert at the Unilink insurance multiagency.

It's worth it It should be added that the Polish Act on the Protection of Tenants' Rights does not regulate in detail issues related to insurance of the rented property - in unlike, for example, the already mentioned French law of 6 July 1989 (Loi n° 89-462 du 6 juillet 1989). Polish regulations only indicate that the costs of property insurance should be classified as one of the costs of maintaining the premises, and the rent may be established at an amount ensuring coverage of these maintenance costs, reimbursement capital and profit. When it comes to insurance purchased by the tenant, the principle of freedom of contract applies.

"The landlord sets a condition However, purchasing insurance at the tenant's expense may be discouraging for tenants, especially if the interest in the rental offer is low," adds Andrzej Prajsnar, Unilink expert.

In addition to the above-mentioned previously freedom of contract, the parties to the lease also have freedom when it comes to choosing the right insurance. The table below presents examples of interesting policies. It is worth knowing that insurers, as part of their offer addressed to landlords, sometimes propose extending the standard protection against damages related to renting an apartment. An example is the ERGO proposals shown in the table. Hestia and UNIQA. These offers cover not only damage caused by the tenant in rented "M", but also damage found at the neighbors'.

"Costs extended protection is formally borne by the owner of the apartment, but there is the possibility of including them in the rent amount. Of course, the ability the landlord's right to transfer insurance costs to the tenant depends on on market conditions" - notes Maciej Łoboz, expert of the Unilink insurance multi-agency.

Observations insurance agents confirm that awareness is slowly growing the tenants themselves, who, in addition to purchasing third party liability insurance for themselves, sometimes decide to also for protection covering their household movables. This option of broader protection offers, for example, Compensa as part of proposals addressed exclusively to tenants. It is also worth noting that the possibility of liquidation of residential damage caused to other people may occur within the framework of "ordinary" private Third party liability insurance that tenants have. "However, it should always be checked whether Third party liability insurance in private life does not provide for any exclusions that could have connection with renting an apartment," advises Andrzej Prajsnar.

Spends it is believed that in the context of insurance it is advisable to reach an agreement between the landlord and tenant. There are various options available. For example, the tenant can purchase the property himself Third party liability insurance for himself or herself or he may also become the insured person if the owner apartments when purchasing a policy covering "M" will extend the protection to the liability tenant's civil liability. It is worth agreeing on issues related to insurance coverage even before signing the lease agreement. "The parties should exchange information about any insurance policies they already have. Thanks to this, The situation can also be easier understood by an insurance agent who happens to be asked for help" – summarizes Maciej Łoboz, Unilink.

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