[RPPTL LandTen] Renter's insurance

[Greg Hass]

Well, in both the current and proposed new versions of the "Residential
Lease for Single Family Home or Duplex", it provides in Section 18 as
follows:

 

18. RISK OF LOSS/INSURANCE

                A. Landlord and Tenant shall each be responsible for
loss, damage, or injury caused by its own negligence or willful conduct.

                B. Tenant should carry insurance covering Tenant's
personal property and Tenant's liability insurance.

 

IMO if the Supreme Court has approved a lease saying the T should carry
insurance, then I don't see why an attorney couldn't draft their own
custom lease requiring it.  Presumably it would just be an 83.56 (2)(b)
type violation if T doesn't comply and you would give them a 7 day
notice.  Would be interesting to see how Judge Judy would react to an
attempt by a LL to evict on that basis.  So yes I think it's legal, but
I'm skeptical on how enforceable it would be in County court.

 

Regards,

Greg

 

Greg Hass, Senior Counsel

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
harry at evict.com
Sent: Monday, March 22, 2010 11:40 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Renter's insurance

 

Hello All, 

 

Can anyone give their opinion as to the legality of requiring a
residential tenant to purchase renter's insurance.

 

I believe 3 states specifically allow it by statute but we are silent.

 

I see it pop up here and there in leases but have been hesitant to give
the green light to the large multi-family clients who are requesting it.

 

The larger clients are not so much concerned with damages to the
tenant's personal property but they want to require liability insurance
from the tenants to protect the apartment community in the event the
tenant causes a fire or flood. 

 

Thanks,

 

Harry

 

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Email: harry at evict.com <mailto:harry at evict.com> 

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