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 11 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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