Landlord vs tenant insurance in Quebec comes down to who owns what. The landlord’s policy covers the building, the owner’s liability and lost rent after an insured loss. The tenant’s policy covers the tenant’s belongings, their civil liability and their extra living costs if the unit becomes uninhabitable. Neither policy replaces the other, so both are usually needed.
A kitchen fire in a Saint-Jérôme triplex, a bathtub overflowing on the second floor of a duplex in Blainville, sewer water in a basement apartment in Mirabel after a spring storm. Each of these happens every year in the Laurentides, and each one raises the same question: whose insurance pays?
The answer is usually “both, for different things.” This guide lays out who insures what between a landlord and a tenant in Quebec, walks through three common claim scenarios, and explains subrogation and the lease clause that ties it all together. For each side in more depth, see our guides to landlord insurance in Quebec and tenant insurance in Quebec.
Key takeaways
- The landlord insures the building, their liability as owner and the loss of rents after an insured event.
- The tenant insures their own contents, their civil liability and their additional living expenses.
- The landlord’s policy does not cover the tenant’s furniture or the tenant’s liability.
- After paying a claim, the landlord’s insurer can try to recover the money from a tenant at fault (subrogation).
- Sewer backup is generally covered only by an optional endorsement, on each side.
- A lease clause accepted at signing can require the tenant to carry insurance.
Who insures what: the basic split
Think of it as a line drawn at the walls. Everything that belongs to the building (structure, plumbing, wiring, fixtures, appliances the landlord supplies) is the landlord’s to insure. Everything the tenant brings in, and the tenant’s responsibility toward others, is the tenant’s.
| Coverage | Landlord policy | Tenant policy (assurance locataire) |
|---|---|---|
| Building (walls, roof, plumbing, floors) | Yes | No (some cover the tenant’s own improvements) |
| Appliances supplied by the landlord | Usually, if declared | No |
| Tenant’s furniture, clothes, electronics | No | Yes |
| Civil liability | Owner’s liability (e.g., a fall on icy outdoor stairs) | Tenant’s liability (e.g., damage they cause to the building or other units) |
| Additional living expenses | Owner’s own if they live on site | Yes: hotel, meals, temporary rent after an insured loss |
| Loss of rents | Yes, after an insured loss | No |
| Sewer backup | Optional endorsement | Optional endorsement |
Additional living expenses vs loss of rents
These two coverages are mirror images. When a fire makes a unit uninhabitable, the tenant stops paying rent and has to live somewhere else. The tenant’s policy pays the extra cost of living elsewhere; the landlord’s policy pays the rent the landlord no longer receives. If the tenant has no insurance, the landlord’s policy won’t pay the tenant’s hotel.
Scenario 1: a fire started by the tenant
A tenant leaves oil heating on the stove and the kitchen catches fire. The unit and the one above are damaged.
- The landlord’s insurer pays to repair the building (minus the deductible) and the lost rents while the units are repaired.
- Each tenant’s own insurer pays for that tenant’s damaged belongings and living expenses, including the upstairs tenant who did nothing wrong.
- The landlord’s insurer may then turn to the tenant who caused the fire to recover what it paid.
Under the Civil Code of Québec, a tenant is generally responsible for loss of the leased property unless they prove it wasn’t due to their fault or that of people they let in. Fire is treated differently: as Langlois lawyers explain in a review of article 1862 C.C.Q., when the leased property is an immovable, the lessee is liable for fire damage only if it’s proved that the fire was caused by the lessee’s fault or that of persons they allowed in. If the cause is unknown, the tenant usually isn’t held liable.
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Scenario 2: water from the unit upstairs
The upstairs tenant’s washing machine hose bursts while they’re at work. Water comes through the ceiling of the unit below.
- The downstairs tenant claims their damaged belongings from their own tenant insurer. Sudden and accidental water damage from inside the building is commonly covered.
- The landlord claims ceiling, floor and wall repairs from the building policy.
- If the upstairs tenant was at fault (an unsupervised machine, a worn hose they were told to replace, an overflowing bath), the insurers that paid may seek reimbursement from that tenant, whose civil liability coverage then responds.
- If the cause is the building itself (a pipe inside the wall), it’s the landlord’s side. The downstairs tenant still claims their contents from their own policy.
The point for tenants: even when someone else caused the damage, your own policy is usually the fastest route to replacing your things. For the claim process, see how to file a home insurance claim in Quebec.
Scenario 3: sewer backup in a basement unit
During a heavy rain or the spring thaw, the municipal sewer backs up through the floor drain of a basement apartment.
Here, the usual policies on both sides may not pay at all. CAA-Québec notes in its guide on water damage that sewer backup is not part of a basic home policy and is covered only with a specific endorsement (the avenant refoulement d’égout, often grouped with ground water), even on an all-risks policy. CAA-Québec also recommends a backwater valve (clapet antiretour) to reduce the risk.
- The landlord needs the endorsement on the building policy to cover the finished basement, and should maintain the backwater valve. Many municipalities have bylaws on these valves; check yours.
- The tenant needs the endorsement on their own policy to cover their belongings.
- CAA-Québec adds that if sewer water from your unit flows into a neighbour’s, you could be held liable and have to claim under your civil liability coverage.
Basement tenants and plex owners should read our guide to sewer backup coverage in Quebec.
Subrogation: why tenant liability coverage matters
Subrogation means that once an insurer pays its client, it steps into that client’s shoes and can pursue the person responsible for the loss. In Quebec, this is set out in article 2474 of the Civil Code. In practice:
- the landlord’s insurer pays for the building, then sues the tenant at fault;
- the tenant’s liability insurer defends the tenant and pays if the tenant is found responsible, up to the policy limit;
- a tenant without insurance faces that claim personally, sometimes for amounts far beyond their savings.
That’s the main reason tenant insurance isn’t only about furniture. A tenant who owns very little can still cause a very expensive fire or water loss.
The lease clause: requiring tenant insurance
No law in Quebec makes tenant insurance mandatory, but the lease can. Promutuel Assurance explains in its guide for landlords that a landlord can include a clear clause requiring the tenant to carry insurance and provide proof, accepted when the lease is signed. Adding such a clause mid-lease is harder to enforce, and changes at renewal follow the lease modification notice rules.
A practical clause usually covers:
- the obligation to hold tenant insurance with civil liability coverage, with a minimum amount if desired;
- proof to provide at move-in and at each renewal;
- an obligation to notify the landlord if the policy is cancelled.
Since, as Éducaloi explains, Quebec landlords generally can’t require a security deposit, the tenant’s liability coverage is often the landlord’s main financial protection against tenant-caused damage. Disputes over lease clauses go to the Tribunal administratif du logement.
Special situations
Owner living in the building
If you live upstairs and rent the ground floor, your policy combines both roles: building and loss of rents for the rented unit, and your own contents and living expenses. Your tenant still needs their own policy.
Furnished rentals and chalets
If the landlord supplies furniture, it’s the landlord’s to insure. Short-term chalet rentals are a different risk entirely; read short-term rental chalet insurance in Quebec.
Rented condos
When a condo is rented, three policies are involved: the syndicat de copropriété‘s building policy, the owner’s policy and the tenant’s. See condo insurance in Quebec.
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Frequently asked questions
What is the difference between landlord and tenant insurance?
Landlord insurance covers the building, the owner’s liability and lost rent after an insured loss. Tenant insurance covers the tenant’s belongings, their civil liability and their extra living costs if the unit becomes uninhabitable.
Does my landlord’s insurance cover my belongings?
No. The landlord’s policy covers the building and the landlord’s property. Your furniture, clothes and electronics are only covered by your own tenant insurance.
Who pays if a tenant causes a fire in Quebec?
The landlord’s insurer usually pays for the building, then may try to recover the money from the tenant if the fire was caused by the tenant’s fault. The tenant’s civil liability coverage responds to that claim.
Who pays for water damage from the apartment upstairs?
Each party usually claims from their own insurer first: the tenant below for contents, the landlord for the building. If the upstairs tenant was at fault, those insurers may seek reimbursement from them.
Is sewer backup covered for tenants and landlords?
Generally only if each has added a sewer backup endorsement to their policy. It isn’t included in basic home or tenant coverage.
Can a landlord require tenant insurance in Quebec?
Yes, through a clear lease clause accepted by the tenant at signing. The landlord can ask for proof of insurance at move-in and at renewal.
Have a question we didn’t answer? Contact us.
Sources: Langlois: liability of the lessee for damage to leased premises, CAA-Québec: dégâts d’eau et assurance, Promutuel Assurance: tenant insurance clause, Éducaloi: landlords cannot require security deposits
This article is for general information only and is not insurance advice. Laurentides Insurance Guide does not sell insurance. Always confirm with a licensed broker or your insurer.

