Franchises and Exclusions for Tenants in France
As a tenant in France, understanding insurance deductibles and exclusions is essential to avoid financial surprises after a claim. Deductibles reduce the reimbursed amount, while exclusions can make certain damages uninsured, for example in cases of negligence or an uncovered accident. This article explains in plain terms how to read your policy, spot common clauses, who pays for which repairs, and what steps to take if your insurer refuses coverage. You will also find practical steps to dispute a decision, keep evidence and, if necessary, bring the matter before competent authorities. The advice is tailored to French law and the obligations of landlords and tenants.
What are deductibles and exclusions?
A deductible is the sum payable by the insured after a claim; an exclusion is a situation where the policy provides no reimbursement. Common exclusions often concern damage due to lack of maintenance, uncovered disasters or intentional acts. For model leases and inventories, consult official resources[1]. The law frames rental contracts and the parties' obligations, notably Law No. 89-462 of July 6, 1989 and its amendments[2].
Common deductibles and their impact
- Fixed amount per claim: immediate effect on the reimbursed sum.
- Percentage deductible: reduces reimbursement proportionally to the damage magnitude.
- Exclusions related to maintenance or wear and tear: repairs not covered if maintenance was lacking.
- Specific clauses for damage caused by the tenant or a third party: responsibilities and financial shares.
Practical examples
A water damage with a fixed deductible of €300 automatically reduces your indemnity by that amount. If an exclusion targets a specific item (e.g., jewelry) it will not be compensated, even if the cause of the claim is otherwise covered.
How to dispute a deductible or exclusion
If the insurer refuses coverage or applies a deductible you consider unfair, follow a documented procedure: notify the insurer in writing, collect evidence and estimates, then request a motivated review. If the dispute continues, the departmental conciliation commission can be seized before any legal action.
- Send a written request to the insurer with photos and estimates.
- Keep all exchanges and evidence (photos, emails, invoices).
- Contact a legal advisor or ADIL for advice if necessary.
- Refer the matter to the departmental conciliation commission or the judicial court as a last resort.
FAQ
- Is the deductible always the tenant's responsibility?
- The deductible is payable by the insured named in the policy; depending on the lease and situation, the landlord may be required to cover certain repairs, but the insurance contract defines application.
- Can an exclusion be challenged?
- Yes, if the exclusion is not clearly formulated, if the claim falls under a present guarantee, or if the clause is abusive, you can challenge the decision via a written complaint then the conciliation commission or the courts.
- What evidence should I collect before filing a claim?
- Dated photos, estimates, invoices, emails and any document proving maintenance or the origin of the claim are essential.
How to
- Check the coverages and exclusions stated in your insurance policy.
- Gather evidence: dated photos, estimates and invoices.
- Report the claim and send a written complaint to the insurer.
- If refused, seize the departmental conciliation commission or the judicial court.
