[RPPTL LandTen] Renters insurance issue

[Leonard Cabral]

I had a client with this problem a few years ago.  I checked this out and concluded that it is an insurance scam.  I don't remember all the particulars but this out of state company goes around to apartment complexes and sell them worthless insurance (Not sure it is even classified as insurance), the landlord tells the tenant they must get their own insurance to insure the landlord (which if I remember correctly was not available to purchase by the tenant) and it covers damages above the landlords policy. (this is all from memory). In other words the apartment complex must file a claim with their insurance company before they will kick in anything. I think the landlord also get a processing fee out of the monthly policy.
I sent an intent to sue letter and used as my basis FS 83.47(1)(b) - Prohibited provisions in rental agreements.-- A provision in a rental agreement is void and unenforceable to the extent that it purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.   I don't know if this would have stood up to litigation but the complex backed down quickly.

If you want me to check my file for notes let me know and I will try to find it.
Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, March 10, 2015 4:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Renters insurance issue

Here is a doozy.

Apartment community wants tenant to purchase renter's insurance (not just the cheapo contents insurance) This is the insurance that covers what a tenant may do to the premises. (usually fire/flood) I am seeing this particular form pop up all over.


1.       They require it and it is the type that covers liability for damage to landlord's property (fire, flood)

2.       If the tenant does not get it or it lapses, they then charge the tenant $11 per month and they buy it from whoever they want and it insures the LANDLORD, not the tenant.

This is way out of my league.  This is a landlord forcing a tenant to pay for insurance that does not even cover the tenant.

See attached.

Anyone really know their stuff on this?  I think I need to refer this out.

Having a policy where another person/company is an additional insured is one thing and is totally common  but charging a person to buy insurance for another person/company when it does not even cover the person who is paying for it???

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK 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<mailto:harry at evict.com>
[cid:image001.png at 01D05C15.5BC462D0]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>


Visit us on Facebook






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.






-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150311/c1fe9bcf/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1382 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150311/c1fe9bcf/image001.png>