Can Landlord require renter to purchase insurance (non-Renter's insurance)? (real estate, eviction)

[MiamiCommuter]

I'm looking over a lease for a single family home and it says that I have to purchase 3 different types of insurance to rent the house. Is this legal? Can a landlord require I purchase insurance for their house? What am I not understanding? It says I have to purchase:

1. fire and extended coverage insurance
2. personal liability insurance

I've included the portion of the lease below. Please let me know if I am misunderstanding and if I am in fact required to purchase insurance to insure the landlords property. That seems off to me.


INSURANCE. During the term of this Lease, Tenant is required to maintain a policy of fire and extended coverage insurance insuring against the loss or damage or injury or destruction to any building or buildings and improvements now or hereafter erected on the Premises, resulting from any fire or from any hazard included in such extended coverage insurance, in an amount not less than the full insurable value of said building and improvements. Tenant shall furnish to Landlord certificates of insurance for all policies required to be maintained under this section before moving into the Premises. Both Tenant and Landlord shall be named as insured's under the policies maintained by Tenant to comply with this section. All insurance monies payable on account of damage to any buildings or improvements at any time erected on the Premises shall be paid to Landlord under the following conditions: If any building or improvement situated on the Premises shall be partially or totally destroyed by fire or other casualty insurable under full standard extended risk insurance, so as to become partially or totally untenantable, the same shall be repaired or rebuilt by Landlord as speedily as practical under the circumstances solely from the insurance monies received on account of such casualty; provided, however, Tenant may, at their option, terminate this Lease by notice to the Landlord, in writing, given within fifteen (15) days after the date of such occurrence, in which case Landlord shall be relieved of their obligation to reconstruct. Any delay or suspension of payment of such insurance policy will immediately be considered a default of this Lease Agreement and may result in the termination of tenancy and eviction and/or any other remedies as provided by the Lease Contract or state law. Additionally, Tenant is required to purchase personal liability insurance. Failure to maintain personal liability insurance is an incurable breach of this Lease Contract and may result in the termination of tenancy and eviction and/or any other remedies as provided by the Lease Contract or state law.

Tenant is urged to get their own insurance for losses to their personal property or injuries due to theft, fire, water damage, pipe leaks and the like.

[coolgato]

I don't know about your specific rental laws in your area, but if it is in the lease and the building is not a rent controlled or controlled by a board, then I think the landlord could put that in his lease and either you don't sign the lease and look elsewhere or you sign it and get the insurance that he/she wants you to get. The insurance policies seem to benefit you in case something goes wrong. If something were to go wrong, how are you going to recoup your losses? The landlord has insurance but the policy is probably limited to the building and rebuilding, etc. not to tenant property. The landlord doesn't get anything from the insurance; you do. Check your local ordinances though or even check with a lawyer.

[coolgato]

Maybe your prospective landlord is just being wordy and all he/she had to do was put "Tenants' Insurance" because that would be a total package covering those three policies, I would think. You are not purchasing fire insurance for his building, that would be something you shouldn't be required to do, that is his property, but Tenants' insurance protects you in the event of a fire, etc. because you can recoup some of your losses. Better to check with an attorney, but is it worth the cost. I would just keep on looking for another place. Sounds like you are already uncomfortable with things and you haven't even moved in.

[coolgato]

Sorry, I've reread your post and it does sound weird especially about damage to the property and all monies going to the landlord. I understand Tenants' Insurance but the part about building damage, etc. sounds off, like you said. I would have that lease looked at by a real estate attorney if you really like this place and intend to move in.

[rusty78]

Unless this place is your life dream, look somewhere else. If it is, then go to the town, start with the Town Clerk and go from there. They should be able to steer you in the right direction and someone working there has to know the laws regarding rentals.

BTW - in every place I have rented/leased, I have had an insurance policy that covers Liability, Theft and Fire Damage to only my personal property. The fire policy also supplied living expenses for me in the event a fire occurred on the property. However, no part of my policy covered any of the landlords property. So, if this is what he is talking about, he is probably only looking to protect himself in the event a fire does occur and you are forced to leave the property. Basically, he does not want you to sue him if you are forced to leave the rental.

[Dragonmam]

The requirement of renter's insurance is not uncommon and is actually in your best interest as well. Those are cheap policies. Everyone should have one, even if not required. If someone slips in a puddle on your floor, if you are burglarized, if the roof leaks all over electronics, if we get hit with a hurricane, you are covered, subject to whatever deductible you have. The policies are a few hundred a year, often billable monthly, so $25-$30/month.

The cost to you for the type of policy that the landlord wants is going to be high. Insurance for rental property, since it is not owner occupied, is much higher than what a homeowner pays so I'm guessing that for you, it would be top dollar.

Can even you get such a policy? Really your only interest in the property is not it's value but just as a place to live. Your damages are easily taken care of by a renter's policy. I don't know if you, yourself, can get insurance beyond that. Maybe you could call an agent or two and ask. It might be a good idea to find out how much it could cost too. Then, again, how are you as a tenant going to be able to provide all the info needed such as the name of the mortgage lender, date house was built, construction details etc...

Does the lease even mention who is carrying the windstorm protection? I don't understand why the landlord, if he has forked over the thousands of dollars for this, would then try to transfer the burden of the fire protection to you.

The only reason I can think that a landlord would expect the tenant to fully insure the property is in a rent-to own scenario and I don't even know if they do it then.

Honestly, if I signed the lease and managed to buy him the required insurance, I would fully expect to come home one day close to the end of the lease and find a smoldering pile of ashes, especially here in Florida, where insurance fraud is rampant. Something doesn't seem right. I would just not get involved with this.

[Angel Calzadilla]

To make it simple, yes, any landlord has the right to impose in the lease agreement the purchase of what is called "personal insurance" by the prospect tenant. As a real estate agent I am, I have had numerous customers as tenants that I have represented in a rental transaction and I always have recommend them to buy that insurance even if it is not required by the landlord.

[JohnD_fla]

As a landlord myself, my thinking is that you should avoid renting this place. What the owner is asking is a bit strange. I own a few properties that I rent out. As the owner, I insure the properties (as rental properties) myself. I factor the cost into the monthly rent. Yes, I do recommend that my renters carry renter's insurance to protect their personal property but I don't demand it. I just make it very clear to them that in the event of any damage or loss (If say a pipe breaks and the flooding kills their furniture and appliances, or if a hurricane or fire flattens the house... ) according to the terms in the lease, the tennant agrees that I have no responsibility whatsover for fixing or replacing their stuff, nor do I assume responsibility for providing alternate housing if the property becomes unlivable due to said damage or loss. My insurance covers the building and fixtures and standard fare appliances that I rent the house with...washer/dryer/dishwasher/stove/refrigerator, etc.

[cfbs2691]

Most places make you provide it now.

[Katie1]

Do you have a Dog ...that's most likely what the Liability Ins is for to cover bites. Some renters ins cover this some don't. Also ask about the rent Bet your part is covered by Renters ins. Sounds to me like he doesn't for Any reason what to be responsible for you or your things. that why he wants to make sure your covered!