Ordered to pay $ 32,000 for the fire in his apartment

In a decision rendered just a few days ago by the Régie du Logement, a tenant was ordered to pay more than $ 32,000 to compensate for damages to his unit brought on by his negligence.

In this case, the tenant had placed a mattress in vertical position too close to a baseboard heater. The mattress ignited and caused extensive damage to the apartment.

This is another considerable argument for landlords wanting to convince their tenants to purchase home insurance not only to protect their property, but also for their accountability in case of negligence.

Landlords have the right to demand proof of home insurance in the lease which involves an annual verification. The Building Regulations document available on CORPIQ’s website makes mention of that. It is noteworthy however, that the court has so far refused for such disclosure to be added to an already signed lease.

The importance of home insurance is such that precedents indicate that just the lack of it can justify the termination of a lease. A 2011 court ruling¹ indicates « […] that the judicial opinion views the absence of a home insurance as a cause for serious damage to the landlord, which can put the partial or total value of the property at risk in the event of an accident or fire by the tenants. This situation justifies the termination of the lease. »

In another case² where the tenants were actually insured, the court ruling ordered the offending tenants and their insurer to pay more than $ 560,000 for damages caused by a fire.

The reasons cited to explain this high percentage are numerous: tenants can mistakenly believe that they are automatically insured if their owner is. They can also assume that this type of protection is too expensive or also, feel that their property is not worth buying an insurance policy for. Yet with a premium of around 20$ a month, it is in their best interest to protect themselves instead of risking serious material and financial consequences in case of an incident.

Property owners can also refer tenants to infoassurance.ca which includes a wealth of information about this type of insurance.

1. Court ruling no. 28 110804 010 G
2. Court ruling no. 500-17-051525-098