Can a landlord tell a tenant how much rental insurancethey must have?
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Can a landlord tell a tenant how much rental insurancethey must have?
My landlord states I must have a minimum of $25,000 in personal liability with my rental insurance. Can they legally do this?
Asked on September 3, 2010 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, landlords may set essentially any terms and conditions for renting, including specifying the insurance the tenant needs. The only restrictions are:
1) The terms of a lease can't be changed mid-term; so if there's a lease in place and it doesn't require the insurance, the landlord needs to wait until renewal to make it a requirement.
2) If the requirement is actually pretextual and is really a way to discriminate against a tenant or prospective tenant on the basis of race, religion, sex, age (over 40), or disability, etc., that is forbidden.
Otherwise, a landlord can requre a specified amount and type of insurance as a condition of renting. It's actually a not-uncommon condition or term.
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