Legal Question in Landlord & Tenant Law in California

Who carries insurance on a rental

I am the owner of a condominium which I have moved from and would like to rent out. Include in my HOA dues are fees for insurance to cover the actual structure as well as surrounding common areas. In the case of internal damage, injuries inside the unit and contents being stolen or damaged...who is responsible for having and paying for coverage...myself (the landlord) or my tenant?

Thanks!


Asked on 11/09/07, 2:37 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Who carries insurance on a rental

That is a matter of negotiations with the tenant. You have the initial responsibility for having insurance and the major interest in protection of the unit, so you want to pick up the cost if the tenant will not pay for it [usually the IRS

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Answered on 11/09/07, 2:52 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Who carries insurance on a rental

Normally a tenant would be responsible, especially to property damaged or stolen.

You should put a clause into your lease requiring renter's insurance, and make sure that the tenant complies.

Your main problem would be liability, such as a slip and fall due to a faulty step, a sprinkler, roof falling in, etc. and all of these would be covered by HOA or renter's liability insurance, plus, of course, fire insurance which would also be covered by the HOA policy.

Let me know if you need more help.

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Answered on 11/09/07, 2:59 pm


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