Chino, CA asked in Landlord - Tenant for California

Q: Can my landlord require me increase my renters insurance to a higher limit or charge me?

I have lived in my apartment for 5 years now and have carried my own renters insurance due to the issues with the plumbing in our unit. My liability is for 50k and they are now requiring me to have 100k or they will charge me for their insurance. My original lease does not say renters insurance is required, only recommended but a new addendum that was sent this year requires it.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, here's an analysis of the situation:

1. Original lease agreement:

- Did not require renters insurance

- Only recommended renters insurance

2. New addendum:

- Requires renters insurance

- Demands a higher liability limit (100k instead of your current 50k)

- Threatens to charge you for their insurance if you don't comply

3. Your current situation:

- You've lived there for 5 years

- You already carry renters insurance with 50k liability

Here are some key points to consider:

1. Lease modifications: Generally, landlords cannot unilaterally change lease terms mid-lease. Any changes typically require mutual agreement.

2. Renewal terms: If you're on a month-to-month lease or if this addendum was presented at lease renewal, the landlord may have more leeway to modify terms.

3. California law: California doesn't require tenants to have renters insurance, but landlords can require it as part of the lease agreement.

4. Reasonableness: Requiring renters insurance is generally considered reasonable, but doubling the liability limit might be seen as excessive.

5. Charging for landlord's insurance: This could be problematic if it's not clearly outlined in your original lease or if it's being imposed mid-lease without your agreement.

Given these considerations, here are some potential steps you could take:

1. Review your original lease and any subsequent renewals carefully.

2. Check if you're currently in a fixed-term lease or month-to-month arrangement.

3. Consult with a local tenants' rights organization or a landlord-tenant attorney for specific advice based on California law and your local ordinances.

4. Communicate with your landlord. Express your concerns and try to negotiate a compromise (e.g., gradually increasing your coverage over time).

5. If you're nearing the end of your lease term, consider whether you're willing to accept these new terms or if you'd prefer to look for a new rental.

Remember, while landlords have rights to protect their property, tenants also have rights regarding lease agreements and reasonable expectations. It's important to understand your local laws and seek professional advice if needed.

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