[RPPTL LandTen] Renter's insurance

[Cary Sabol]

I agree with Greg Hass.  There is no reason the provision should not be enforceable.  However, you might be rolling the dice, depending on which County Judge you get, as to whether it would be grounds for evicting the tenant though.


Cary Sabol

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744
 
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--- On Mon, 3/22/10, Greg Hass <GregH at floridarealtors.org> wrote:


From: Greg Hass <GregH at floridarealtors.org>
Subject: Re: [RPPTL LandTen] Renter's insurance
To: "RPPTL Landlord Tenant Committee" <landten at lists.flabarrpptl.org>
Date: Monday, March 22, 2010, 12:11 PM








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
 

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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
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