In short
In France, assurance habitation (home insurance) is compulsory in only two cases. The tenant of an unfurnished or furnished home, including under a bail mobilité (short-term mobility lease), must insure against risques locatifs (tenant’s liability risks) and provide proof when the keys are handed over and then every year at the landlord’s request (Law of 6 July 1989, article 7 g; ANIL). Every co-owner in a copropriété (co-owned building), whether they live in their unit or let it, must take out responsabilité civile (third-party liability) cover (Law of 10 July 1965, article 9-1). According to the ANIL, an owner-occupier of a house and a landlord outside a copropriété are not required to do so by law. If the tenant does not provide a certificate, the landlord can, one month after a formal notice that has gone unheeded, insure them and recover the premium in twelfths with the rent.
Who must insure: the table
| Situation | Legal obligation | Text |
|---|---|---|
| Tenant, unfurnished or furnished home (including bail mobilité) | Tenant’s liability insurance | 1989 Law, art. 7 g; ANIL |
| Co-owner occupying their unit | Third-party liability | 1965 Law, art. 9-1 |
| Non-occupying co-owner (landlord, vacant home) | Third-party liability | 1965 Law, art. 9-1 |
| Syndicat des copropriétaires (body of co-owners) | Third-party liability | 1965 Law, art. 9-1 |
| Owner-occupier outside a copropriété (house) | None | ANIL |
| Landlord outside a copropriété | None, but they must ensure the tenant is insured | ANIL |
| Holiday tenant | None | ANIL |
“No obligation” does not mean “no risk”: without insurance, you compensate any damage caused to third parties yourself.
The tenant: article 7 g of the 1989 Law
Article 7 of the Law of 6 July 1989 (version in force since 15 June 2025) requires the tenant to insure against the risks for which they are liable as a tenant. In concrete terms, the ANIL states that this insurance covers damage caused to the rented home for the most common risks, such as fire or water damage.
Proof. The tenant provides proof when the keys are handed over, then every year at the landlord’s request, by handing over a certificate from the insurer or its representative.
The termination clause. If the lease provides for automatic termination for lack of insurance, this clause takes effect only one month after a formal demand (commandement) that has gone unheeded. That demand must reproduce the text of the law, or it is void.
Insurance taken out by the landlord. In the absence of a certificate, and one month after a formal notice that has gone unheeded, the landlord can take out insurance on the tenant’s behalf. The rules:
- the formal notice must announce this intention; it amounts to a waiver of the termination clause for lack of insurance;
- the cover is limited to tenant’s liability;
- the annual premium, possibly increased within a limit set by decree, is recovered in twelfths with each rent payment, shown on the rent demand and the rent receipt;
- a copy of the policy is given to the tenant when it is taken out and on each renewal;
- as soon as the tenant provides their own certificate, or if they leave, the landlord cancels the policy within the shortest period allowed by law; the premium due during that period remains recoverable.
The co-owner: article 9-1 of the 1965 Law
Since Law no. 2014-366 of 24 March 2014, article 9-1 of the Law of 10 July 1965 provides that each co-owner must insure against the third-party liability risks for which they are liable, whether they occupy their unit or not. The syndicat des copropriétaires has the same obligation.
The ANIL distinguishes the two levels:
- the syndicat insures against claims caused by the common parts, for example a pipe leaking in a corridor;
- each co-owner insures against damage originating from their private parts, for example a washing machine that floods the neighbour below or damages the common parts.
The obligation concerns third-party liability, not the protection of your own belongings: insuring your furniture remains a choice.
The non-occupying owner (PNO)
The ANIL describes propriétaire non occupant (non-occupying owner, or PNO) insurance as home insurance including third-party liability cover, which protects the landlord if a tenant or a third party suffers property damage or personal injury in the home. It can also cover the building against fire, flood or storm.
- In a copropriété, third-party liability for the non-occupying co-owner is compulsory (art. 9-1).
- Outside a copropriété, the landlord has no obligation to insure, but must ensure that their tenant is insured (ANIL).
FAQ
My tenant refuses to give me their certificate: what can I do?
Serve them a formal notice. One month after a formal notice that has gone unheeded, you can take out insurance on their behalf limited to tenant’s liability, and recharge the premium to them in twelfths with the rent (1989 Law, art. 7 g).
Can I terminate the lease for lack of insurance?
Only if the lease contains a termination clause, and it only applies one month after an unheeded formal demand reproducing the law. Choosing to insure the tenant yourself amounts to waiving that clause.
I own my house: am I obliged to insure it?
No, according to the ANIL, an owner-occupier has no legal obligation.
My flat in a copropriété is empty: do I have to insure it?
Yes for third-party liability: article 9-1 also covers the non-occupying co-owner.
Does a tenant of a furnished let or on a bail mobilité have to insure?
Yes. The ANIL specifies that the obligation applies to an unfurnished or furnished home, bail mobilité included. It does not apply to a holiday tenant.
Which professional to consult
The agent immobilier (estate agent) handling the letting management asks for the certificate when the keys are handed over and every year, and can organise the formal notice. The notaire (notary) reminds the buyer of a unit in a copropriété of their obligation to take out third-party liability insurance. If you are buying with a loan, the courtier en crédit (mortgage broker) can help you compare the conditions set by the banks.
Find a professional
One professional per trade and per area, selected and scored out of 100 from public data, with a verifiable title. The trade, its official register and the professionals selected (pages in French):
The real estate agent selected in the largest cities
| City | Professional | Area | Score /100 | Status |
|---|---|---|---|---|
| Paris | Laforêt Paris 15 Vaugirard | Paris, 15e arrondissement | 89 | Selected |
| Marseille | ERA Agence de la Bastide | Marseille, 13e arrondissement | 90 | Selected |
| Toulouse | Nestenn By Solvimo | Toulouse | 84 | Selected |
| Nice | Immo Gambetta | Nice | 71 | Selected |
| Lyon | Orpi Duguesclin Transactions | Lyon, 6e arrondissement | 89 | Selected |
| Montpellier | Immo Angels | Montpellier | 80 | Selected |
| Bordeaux | Human Immobilier Bordeaux Chartrons | Bordeaux | 90 | Selected |
| Lille | Orpi Lille République Beaux-Arts | Lille | 92 | Selected |
| Rennes | Nestenn Rennes Centre | Rennes | 80 | Selected |
| Toulon | iBox Immobilier Toulon Jaurès | Toulon | 84 | Selected |
The 10 cities with the most sales (DVF 2025) where a real estate agent is selected; in a city with several areas, the best-scoring profile. "Verified": title read at the register by Payotte; "Selected": title declared, verifiable on the profile.
Related guides
Sources
- Légifrance — Loi n° 89-462 du 6 juillet 1989, art. 7 (version en vigueur depuis le 15 juin 2025) (checked 11 October 2026)
- Légifrance — Loi n° 65-557 du 10 juillet 1965, art. 9-1 (version en vigueur depuis le 27 mars 2014) (checked 11 October 2026)
- ANIL — Parole d'expert : L'assurance habitation est-elle obligatoire ? (à jour au 1er janvier 2026) (checked 11 October 2026)
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