A Montpellier Court Case Highlights a Costly Oversight

A tribunal judiciaire in Montpellier has ruled that a tenant could be evicted for failing to provide proof of home insurance, even though the policy itself was in force. The case underscores a strict reading of French rental law: tenants are obliged not only to insure their dwelling but to deliver an attestation to the landlord.

The dispute began with a lease signed on 6 July 2017. The contract included a clause allowing the landlord to terminate the tenancy if the tenant failed to justify insurance coverage within one month of a formal demand. On 23 July 2025, having still received no proof, the landlord engaged a bailiff to serve a request. The tenant did not respond, despite being insured all along.

The court concluded that the tenant had occupied the property without right or title from 25 August 2025. In addition to a possible eviction order, the individual was ordered to pay an occupation indemnity equal to the monthly rent plus charges, along with the landlord’s legal costs.

Why a Valid Insurance Policy Wasn’t Enough

The Legal Distinction Between Coverage and Proof

French law requires tenants to insure against rental risks and to provide proof of that insurance to the owner. Having a valid policy is not sufficient on its own—the landlord must receive the actual certificate. The Montpellier ruling confirms that a tenant who neglects this administrative step, even through oversight, can lose their home.

Advertisement

The case also illustrates the power of a correctly drafted lease clause. Because the contract explicitly linked the right to occupy to the delivery of the insurance attestation within a set deadline, the court treated the failure as a fundamental breach. For tenants, the lesson is clear: the act of sending the document is as critical as the cover it describes.

What French Tenants Must Do to Protect Their Tenancy

  • Send a copy of your home insurance attestation to your landlord immediately after signing the policy, and do so by a traceable method (registered letter or email with a read receipt).
  • Check your lease for any clause that links the validity of the tenancy to proof of insurance and note the deadline specified—commonly one month after a formal demand.
  • If your landlord requests proof again, do not assume a previous delivery suffices; respond within the stated timeframe and keep a dated record.
  • If you change insurers, provide the new attestation straight away, as an old certificate will not protect you once the old policy expires.