Escondido, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Landlord to Commercial won't hand over keys due to not being on Insurance policy.

I have signed a commercial lease for 5 years which should have started December 1st. I have gotten insurance for the property but didn't put the landlord on the insurance. The landlord is refusing to hand over the keys until they are added. I do not find this anywhere in the lease documents.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, it's important to review your commercial lease agreement carefully to determine the specific requirements regarding insurance coverage. While the lease may not explicitly state that the landlord must be named on the policy, it's essential to consider any implied obligations or local regulations. Typically, commercial lease agreements may specify the insurance requirements, but if it's not mentioned, you may not be legally obligated to add the landlord to your policy.

However, it's advisable to engage in open communication with your landlord to resolve the issue amicably. Offer to share the relevant portions of your insurance policy that demonstrate adequate coverage for the property. Emphasize your commitment to fulfilling your lease obligations and request that the landlord provides you with the keys as agreed upon in the lease.

If the landlord remains uncooperative, you may want to consult with a California attorney who can assess your specific situation and guide you on the best course of action, which may include negotiating with the landlord or taking legal steps to enforce your lease rights. It's crucial to protect your interests while maintaining a professional and respectful approach throughout the process.

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