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problem with tenant
3 months ago I rented out a studio to a new tenant and informed him that he needed to take out insurance and give me a copy of the policy. Despite asking him for this many times he has not responded and I am fairly sure that he has not done it. How can I enforce this ? I am planning to send him a registered letter but what recourse do I have if he doesn't react ?
thanks for your advice.
Keep his deposit and sue him personally for all future earnings if the building burns down and it's his fault. If it's in the contract, don't take any further action - you've got you covered.
Yes, you send a registered letter to the tenant, threatening to get them evicted. You should know that it is the law that all tenants must have the correct insurance. You should know the laws before renting out any property.
Before you proceed, take a close look at the lease which your tenant has signed, and make sure it has a paragraph similar to the following (in the lease it will most likely be in French or Dutch):
"The lessee shall take out his own third-party liability insurance (fire and water damage and related cover, window breakages in communal and private parts of the building) for the entire duration of the lease. The policy shall include a clause prohibiting the insurer from cancelling the policy without notice to the lessor. The lessee must provide evidence of this
insurance at the lessor’s request."
If this clause is in the lease, then you can proceed. Send a registered letter stating that since this is a requirement specified in the lease, not obtaining the correct insurance is a legal reason for you to break the lease.
If your tenants are happy living in their rented place, that should be enough to scare them to taking the insurance.
If not, your next recourse would be to actually follow through with the threat and start the procedure to break the lease.
By the say, it is NOT a legal requirement for a tenant to take out an insurance on a rented property. So if this clause is not specifically mentioned in the lease, then your position is much weaker. Informing them of the need to take out insurance is not enough; it must be written in the lease they have signed.
