Tenant’s liability explained
Whenever you rent a house, flat or other property, you’re usually liable for damage to the building. That’s why it’s good to know in which cases you are liable and how your insurance protects you.
If you’ve never heard of tenant’s liability and want to know what it entails and how to insure yourself against it, read on and find out what type of damage you are liable for and how to protect yourself against the associated financial consequences.
What is tenant’s liability?
If something goes wrong in the building you’re renting and you caused it (even if it was by accident), the landlord can hold you liable for the damage. Here are some examples:
- Fire caused by a forgotten candle left burning
- Water damage caused by a bathtub overflowing
- A window being accidentally broken by a football
Why is this necessary? Because, as a tenant, you are required to return your rented property in the condition it was in at the start of the rental period.
You are not liable for damage resulting from force majeure (storm damage, wear and tear from normal use, etc.). Moreover, if you have a ‘waiver of recourse’ clause included in your tenancy agreement, your liability will also be limited. We’ll get back to what a waiver of recourse entails in a bit.
Why you have to insure your liability as a tenant
In Flanders and Wallonia, as a tenant you are required by law to insure your liability as a tenant when renting a property that is your main residence. This prevents you from having to pay out of pocket if you are liable for damage to your rented property.
If you can prove the damage already existed before you started renting the property, or it was caused by force majeure or by the landlord, you are not liable. Here are some examples of cases in which you are not liable:
- Damage caused by storm or lightning
- Your heating system breaks down due to its age
- Discolouration of paint on the walls and minor scratches on the floor (normal wear and tear)
Waiver of recourse explained
When a tenancy agreement says that the landlord waives their right of recourse, it means that the landlord will not claim compensation from you for damage even if you are liable, and their insurance will cover the damage. However, it’s important to note that a waiver of recourse does not apply in all situations.
The conditions
- The waiver of recourse clause must be explicitly stipulated in the tenancy agreement
- Its wording must leave no room for interpretation and be correct from a legal perspective
- When renting to relatives in the direct line, a waiver of recourse is excluded by law
Want to know exactly what a waiver of recourse entails for you?
Being fully insured gives you peace of mind
Home insurance with tenant’s liability cover is compulsory. It covers any damage to the building you are liable for as a tenant.
But what if you lose the contents of your home in a fire? And what happens if you accidentally cause damage to your neighbours or their property? A full home insurance policy gives you the protection you need in such situations.
KBC Home Insurance
KBC Brussels lets you tailor your home insurance policy to meet your needs, for instance by only insuring your liability as a tenant or also including the contents of your home in your policy.
If you want more extensive protection, you can add optional cover like theft and legal assistance. This prevents you from having to pay out of pocket for theft or attempted theft and the legal assistance you need to resolve a conflict with your landlord. If you take out a home insurance policy online using code ‘RENT2025’, you’ll get 15% off – for a limited time only.
Practical tips for tenants
Renting a home involves much more than simply signing a contract. Here are some important things to keep in mind:
- Be sure to carefully read your tenancy agreement before signing it
- Carefully inspect the inventory of fixtures and fittings
- Check what is covered under your home insurance policy
This article tells you about all the things you need to arrange if you’re planning to rent somewhere.
Frequently asked questions
Be sure to include everyone living in the same home in the policy, so that everyone’s properly insured and you can avoid arguments over damage.
If that happens, the landlord will still be able to hold you liable for damage to your rented property. That’s why it’s a good idea to have your tenancy agreement checked by an expert and to not blindly trust standard clauses.
Not always. Be sure to check whether your home insurance policy also covers damage to third parties, like water damage to your downstairs neighbour’s flat.
No, not if you opt for a full home insurance policy, which – unless you chose a policy with limited cover – also covers your home’s contents.
More information about KBC Home Insurance
KBC Home Insurance is a property insurance policy. This product is governed by the laws of Belgium. Insurance cover under this policy is valid for a term of one year and tacitly renews, unless it is terminated no later than three months before the main renewal date.
Your intermediary is the first point of contact for any complaints you may have. If no agreement can be reached, or if you have taken out this insurance online, please contact KBC Complaints Management, Brusselsesteenweg 100, 3000 Leuven, complaints@kbc.be, tel. 016 43 25 94. If you cannot find a suitable solution, you can contact the Belgian insurance industry’s ombudsman service: Ombudsman van de Verzekeringen, de Meeûssquare 35, 1000 Brussels, info@ombudsman-insurance.be, www.ombudsman-insurance.be. This does not affect your legal rights.
Visit our website or contact one of our insurance experts to request a quote for KBC Home Insurance. KBC Home Insurance is a product provided by KBC Insurance NV – Professor Roger Van Overstraetenplein 2 – 3000 Leuven – Belgium. VAT BE 0403.552.563 – RLP Leuven – IBAN BE43 7300 0420 0601 – BIC KREDBEBB Company licensed by the National Bank of Belgium, de Berlaimontlaan 14, 1000 Brussels, Belgium, for all classes of insurance under code 0014 (Royal Decree of 4 July 1979, Belgian Official Gazette of 14 July 1979). Member of the KBC group.
What’s covered?
- For tenants and owners
- Damage caused by fire or explosion
- Water damage
- Storm, hail or lightning damage (like lightning destroying electric appliances or a storm or heavy winds damaging your garden furniture)
- Natural disasters such as floods and earthquakes
- Damage caused by a collision
- Vandalism or (attempted) theft in your home or even objects outside your home, such as your electric bike parked in your driveway
- Pets (insured everywhere)
- Specifically for tenants
- Damage to fixtures or improvements you made to the home as a tenant, at your own expense (like when your garden shed is damaged during a storm)
- Specifically for landlords
- Third-party liability for loss or damage to your tenant, if caused via:
the building, the grounds, any adjacent footpaths, the garage (also if it is located elsewhere or you are renting it) or their contents - odd jobs done at the property you rent out
- Third-party liability for loss or damage to your tenant, if caused via:
- Holidays
- When you’re on holiday, we insure your luggage in the holiday home you rent or in your hotel room
- Your pets are also insured worldwide wherever you travel
What’s not covered?
- Specifically for tenants
- Typical rental damage caused, for instance, by wall plugs or limescale on sanitary fittings
- Damage caused by pets
- General
- Loss or deliberate damage
- Damage caused by:
- Instability of the sub-surfaces of structures built less than two years ago, or of terraces and driveways
- Groundwater or precipitation that has seeped inside due to your cellars or exterior walls not being waterproof
- Works
- Correction of construction flaws
- Theft of or from a vehicle that is parked elsewhere than at the address which is insured
Note that our all-risks cover for the contents does not apply to unique objects such as antiques and artwork. We recommend our specific ‘Valuables’ cover for this purpose. For further information, please contact your Insurance Expert.
This list is not exhaustive. See our product fact sheets below for full details of what is and isn’t covered.