[RPPTL LandTen] Renters insurance issue

Leonard Cabral leonardcabral at lenslaw.com
Thu Mar 12 11:54:45 PDT 2015 

Since you insist:

Public Policy dictates that commercial leases are not adhesive contracts and that commercial tenants can negotiate their own leases with their own lawyers as the market dictates.  As Harry said, anything goes in commercial leases.  Since residential tenants have less or no bargaining power with landlords and the leases are akin to adhesive contracts,  residential leases are driven by statute and nothing in the lease can be contrary to the statute. Read Olen Properties attached for an opinion dealing with FS  83.47  Prohibited provisions in rental agreements.-- (1)  A provision in a rental agreement is void and unenforceable to the extent that it: (a)  Purports to waive or preclude the rights, remedies, or requirements set forth in this part.

Also notice the tone of  83.44  Obligation of good faith;  83.45  Unconscionable rental agreement or provision: 83.47  Prohibited provisions in rental agreements; 83.64  Retaliatory conduct; and my personal favorite, 83.67  Prohibited practices.  The public policy is to protect tenants from unscrupulous landlords and landlord from tenants that do not pay rent.
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: Wednesday, March 11, 2015 10:50 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance issue

There is nothing in residential. In commercial, almost anything goes as contract is more important than law. Commercial landlords and tenants can agree to almost anything.

In residential, if you go overboard, some other statutes come into play.

Leonard, let it rip!!!

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
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Website:  www.evict.com<http://www.evict.com/>
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jay Taplin
Sent: Wednesday, March 11, 2015 10:44 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Harry, I have a question.  If a commercial landlord can require a tenant to pay for CGL and Property Insurance regarding or on the whole or part of the property as a covenant in the Lease, such as in a NNN Lease or otherwise such as a by a pass through, what in Part II of Chapter 83, prevents a residential landlord from doing the same?

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org]<mailto:[mailto:landten-bounces at lists.flabarrpptl.org]> On Behalf Of Harry Heist
Sent: Wednesday, March 11, 2015 10:13 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Renters insurance issue

Agreed on the mortgage deal Dennis and the self-storage scam. I paid it myself then showed them my homeowner’s policy and they removed it but even that was just for MY property, not if I burned down the storage unit.

Does anyone have any law on this?

My guess is that the tenant will not be able to get insurance on their own thus getting the $9 - $11 extra hit each month and worse yet, it is possible the apartments will profit from this and I was under the impressions that if they are not an insurance company, they cannot get any profit from providing or selling or whatever is going on.


If someone out there knows insurance law, I will just refer this to them and possibly many more to them as this is popping up. Same addendum so I presume there is an insurance company who targets apartments pushing this nationally.

Harry


LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
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Email: harry at evict.com<mailto:harry at evict.com>
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Tuesday, March 10, 2015 9:59 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Renters insurance issue

Harry,
That is common with mortgage lenders.  If you stop paying they will purchase an insurance policy that only insures the lender's interest.  That is fine in a mortgage situation because the borrower owns the house.  I don't think it is appropriate in a residential landlord-tenant situation because the tenant has no ownership interest in the property and the landlord is just passing along their insurance cost to the tenant.
It seems to be an additional source of income for landlords.  My storage space sent me a notice and started including a bill for something like that.  I had to provide a copy of my homeowners insurance policy for them to stop billing me.


Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:   (407) 392-1872
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On Tue, Mar 10, 2015 at 4:00 PM, Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:
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<tel:1%20800%20253%208428>
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