Damage in my rental: what should I do?
Find out what options are open to you when something goes wrong in your rental.
Fires, water damage... These mishaps can occur during a letting. So how should you react in the event of an incident ?
Immediate actions to take in the event of an incident
First ensure the occupants are safe. In case of fire, call the emergency services. For water damage, turn off the water supply if you can do so safely. Take photos of the damage before any repairs. If you are a guest, inform the owner. If you are an owner, contact the occupants and your insurer. Also notify the neighbour if their property is affected.
In the event of water damage in your holiday rental, move belongings away from the wet area if you can do so safely. Do not touch sockets or wet electrical appliances. Note the rooms and items affected so you can describe the damage to the insurer.
Check your insurance policy
As an owner, check whether your home insurance policy covers your holiday rental. See whether it includes a waiver of recourse or a renunciation of recourse. The guest’s villégiature cover should be checked separately, in their own policy.
To know whether you or your insurer can claim payment from the holidaymaker, read the recourse clause in your policy. The wording alone is not enough to determine what it provides for.
In a holiday rental, a waiver of recourse does not automatically mean the guest is covered for damage they cause. Ask your insurer which incidents and which people the clause targets, and whether it limits your recourse or the insurer’s recourse against the guest.
Before choosing your home insurance, compare the cost of cover and what it includes in case of fire or water damage. Also check the possible recourse if the holidaymaker is responsible. To know whether they are covered under their liability insurance, examine the villégiature cover in their policy separately: your insurance alone cannot establish that.
For tenants
If tenants were present at the time of the incident, check the damage and the cover in each policy. Ask them whether their home insurance includes a “villégiature” guarantee for lettings. Contact your insurer to find out the procedures set out in your policy and ask the tenants to do the same with theirs. Depending on the cover, the declaration may be your responsibility, theirs, or both.
The villégiature cover may appear in the holidaymaker’s home insurance policy for a stay in a holiday rental. Depending on what their policy provides, it may cover their liability for damage caused in the property. Ask them to check which damage is covered and any exclusions with their insurer.
Practically speaking, you notify your insurer of the incident if the damage falls under your policy. If the holidaymaker’s liability is in question, ask them to contact their insurer to check their villégiature cover and the steps to follow. Each party follows their insurer’s instructions to know whether they must file a claim.
You can check in advance with your tenant whether this clause appears in their policy. If it is absent, the tenant can check their other cover or seek temporary home insurance for their stay. Ask them to compare the cover, duration and price before taking out a policy.
Have you ever had to deal with such a situation ? If you are interested, we also have an article on the partnership between Luko and Airbnb.
Do not infer the owner’s or the guest’s protection from the name of a clause alone. Check each policy for the damage covered and the possible recourse after an incident.
With a waiver of recourse, your insurer covers you without seeking reimbursement from the guest. Check in your policy the cover for liability, fire and water damage, as well as the damage covered, exclusions and the recourse provided.
Another possibility: the holidaymaker’s temporary insurance.
In that case, it is the holidaymaker’s insurance that applies. Check the liability, fire, water damage cover and the duration of cover in the policy taken out. This solution concerns the holidaymaker who does not have a villégiature clause in their policy.
| Policy clause | Protection for the owner | Protection for the holidaymaker | To choose if… |
|---|---|---|---|
| Renunciation of recourse | Covered by your insurer according to the clause | Not covered; the holidaymaker must declare | You wish to leave responsibility to the holidaymaker |
Frequently asked questions
Who pays for the damage, me or my guest ? It depends on the damage, the cover in each policy and the recourse provided. Read your home insurance policy and ask the guest to check theirs before the season, not on the day the boiler leaks.
Waiver of recourse or renunciation of recourse, which to choose ? Do not choose based on the title alone. Ask your insurer what the clause provides for recourse after an incident. Also check the guest’s cover for liability, fire and water damage: your policy is not enough to establish that they are covered.
Who files the claim when guests are present ? It depends on the damage and the cover provided in each policy. Check whether the guest’s home insurance includes a “villégiature” guarantee for lettings, then consult your own policy to determine who should report the incident.
My guest has no villégiature clause, how can I cover them ? They can seek temporary home insurance for their stay. Ask them to check the damage covered, the duration and the price before taking out a policy, even if they discover the absence of cover three days before arrival.
Can I check the guest’s insurance before their arrival ? Yes, and it is the right time to do so. Ask your tenant whether the villégiature clause is included in their home insurance policy. If something is missing, they still have time to obtain temporary cover before the stay.
What to do immediately if water damage or fire occurs during the stay ?
Ensure the occupants are safe and, in case of fire, call the emergency services. For water damage, turn off the water supply if you can do so safely, then inform the owner and record the damage. Then check the cover in each policy before determining who must file the claim.
Which documents should be kept before repairing or replacing damaged equipment ?
Take photos of the damage before any intervention. Keep the purchase receipt for the item if you have it, as well as estimates and repair or replacement invoices. These documents will help you describe the damage when you check with the insurers who must file the claim.
Who contacts the insurer when the damage also affects a neighbour ?
Inform the neighbour and contact your insurer for damage in your accommodation. The neighbour contacts theirs for damage at theirs. If the guest’s liability is involved, ask them to contact their insurer and check their villégiature guarantee. The damage and the cover of each policy determine who must report the incident.
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