Do you require your Tenants to have Renter’s Insurance? If not, can a clause stating your not responsible for their suffering of damage to their property (through fire or other peril) if they choose not to have insurance, be placed in the rental agreement? Or can they still sue for ‘negligence’. :rolleyes
:biggrin
This is in my lease and something similar required by my insurance company.
c. LANDLORD LIABILITY LIMITED: LANDLORD is not and will not be responsible for damages and injuries that TENANT causes to any person or property at any time. TENANT hereby agrees to assume liability for and to hold LANDLORD harmless from any claims against LANDLORD for damages or losses that TENANT causes to any other person or property. In addition, LANDLORD is not responsible for any loss to TENANT’S property, unless directly caused by LANDLORD; TENANT should contact a rental insurance company to insure TENANT’S property.
You can’t waive negligence. The LL pays for tenant damage if the LL did something or failed to do something that caused the damage. Otherwise, the tenant is responsible whether you have a liability clause or not.