[RPPTL LandTen] Renter's insurance

Mon Mar 22 09:50:01 PDT 2010

Enforceability would come down to whether it’s deemed to be a “material provision of the rental agreement”, and materiality is in the eye of the beholding judge of course.  Might help to add a place in the lease for the Tenant to initial acknowledging that he/she “understands and agrees that the requirement is a material provision of the rental agreement that may lead to grounds for an eviction”.  That would probably persuade me if I were the judge.

Greg

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, March 22, 2010 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renter's insurance

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

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED. 

--- 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

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org <http://www.floridarealtors.org/> 

Florida Open House Weekend: April 10-11
Be Proud of it. Be Part of it.
http://floridarealtors.org/openhouse

LEGAL DISCLAIMER:  The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer.

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

LAW OFFICES OF 
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com <http://us.mc578.mail.yahoo.com/mc/compose?to=harry@evict.com> 

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

-----Inline Attachment Follows-----

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org <http://us.mc578.mail.yahoo.com/mc/compose?to=landten@lists.flabarrpptl.org> 
http://mailman.fsr.com/mailman/listinfo/landten <http://mailman.fsr.com/mailman/listinfo/landten> 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/mailman/private/landten/attachments/20100322/0ed18b64/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 3508 bytes
Desc: image001.jpg
Url : http://mailman.fsr.com/mailman/private/landten/attachments/20100322/0ed18b64/attachment-0001.jpe 