[RPPTL LandTen] Renters insurance

[Leonard Cabral]

Harry:

 

My opinion (for what it is worth), the warrantee of habitability does not
apply unless the landlord leased the property with a defect.  If the
landlord knew (or should have known) of the defect prior to leasing the
rental property, than I think the landlord has a problem. Furthermore, the
landlord is not responsible for damage done to the tenant's property during
a tenancy unless the tenant notified the landlord of a defect and the
landlord did not make the repairs.  I won a suit against the Housing
Authority for damage to a tenant's property caused by an electrical fire in
an apartment where there was evidence that the tenant requested repairs to
the electrical system (more than once) and although the housing authority
sent (allegedly unqualified) serviceman to fix the problem it was not fixed
and it caused the file.

 

On the issue of disclaiming liability for damage to the tenant's personal
property, I almost certain that liability for gross negligence cannot be
waived.  The LL/T statute also prohibits provisions in a lease agreement
that purports to limit or preclude any liability . . . arising under law.
I have taken cases with clauses that limited the landlord's liability but
were settled.  I also argue that it is an unconscionable rental agreement
and a breach of the obligation of good faith. I haven't had any takers on
litigating these arguments yet (which is very common). 

 

 

AS for your first question, does anyone have any views on requiring renter's
insurance in the residential setting; I have recently asked myself the same
question.  I don't know the answer although it may be a good idea.  I
recently faced a case with a lease provision that required the tenant to
provide "liability insurance" and "personal property" insurance.  The
landlord went further to provide the insurance company to buy the insurance
and the insurance company reported to the landlord when the insurance
payment was late or wasn't paid by the tenant. My opinion (depending on the
judge of course) is that it is a lease provision that was agreed to by the
tenant. My argument was that is was an unconscionable rental agreement and a
prohibited lease provision because it limited the landlord's liability. I
wasn't sure it was a winning argument so I was looking for a hook on
invasion of privacy, overpriced forced place insurance, unfair and deceptive
trade practice and possible insurance fraud, but the case settled before I
finished by research. 

 

Honestly, I don't like it from a tenant's point of view but I do like the
premise if the landlord would get a discount on their premises liability
insurance which works out to be cheaper for both the landlord and tenant.  I
don't think I object to sharing some of the liability if the landlord passed
some of the savings onto the tenant. Two things would have to be true; 1.,
the landlord gets a discount from its insurance company because all claims
up to $10k (insert a number) would be covered by the tenant's insurance, and
2. if $10k of insurance costs a tenant $10 but the same $10k of insurance
costs the landlord $20.00.  

 

This type of lease provision would have to be put into the LL-T statute as
different judges would rule differently.   I would not like if it was
considered "additional rent" but would consider it a violation of the terms
of the lease agreement not to carry insurance.  

 

I would like if more of my cases would be litigated so I could get an
opinion and file appeals, but the landlords feel it is cheaper to pay than
litigate and tenants always need the money. My client's favorite phrase is
"show me the money".  I guess the only way to get some decisions on these
issues is to litigate them as class actions. 

 

I hope you appreciate my opinion since everyone now knows my trade secrets. 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, May 30, 2012 15:28
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance

 

Does anyone have any views on requiring renter's insurance in the
residential setting?

 

Florida law is silent, 3 states specifically allow it by statute.

 

Thoughts? A while back we were contemplating trying to pass a bill which
would specifically allow it but were hesitant as if it did not pass, it
would look illegal/unconscionable/unreasonable/unenforceable

 

On another issue, most leases attempt to disclaim liability for damage to
the tenant's personal property. 

 

Does anyone feel that the general implied warranty of habitability could
override this?  Example, pipe breaks in ceiling, stuff damaged. Owner liable
or not?

 

Harry

 

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