What if tenants property is destroyed from leak?

Question

Let's say the water heater started leaking and ruins some clothes, or the roof leaks, or their refrigerator goes bad and ruins their food? Should I have to reimburse them? There is nothing in my lease that covers this.

Matthew Paul · Answer

Thats why they have renters insurance .  Your lease should require it and state their stuff is not your responsibility

Ray Harrell · Answer

ALL renters should have renter's insurance, even if you're living in a box!

Ray Harrell · Answer

Does negligence equate to an emergency? Busted plumbing or storm damage?

Patrick Philip · Answer

You're right. I read it wrong. I was thinking that it said "fails to comply" with 83.51 (landlord requirement to maintain dwelling unit). I also know that no one in my trailer park is going to actually buy renters insurance. I just added to my lease "landlord is not responsible for damage to property caused by malfunction of the unit." I think this should suffice.

Matthew Paul · Answer

83.55 Right of action for damages.—If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.

I am not a lawyer , but sounds to me the part that says "requirements of the rental agreement"  means you put in your lease that renters insurance is required .

Check with your insurance carrier

Patrick Philip · Answer

I just read the Florida Statutes and it says that I am responsible for any damage to tenants property if it is caused by my non-compliance to maintain the unit. I don't think I can override this in a lease. Florida Statute 83.55.

Patrick Philip · Answer

So are you telling me that I can override Florida Statute 83.55 by putting something in my lease?

Matthew Paul · Answer

Exactly .   Landlords insurance doesnt cover contents of a tenant . You would be on the hook personally  , think how far a tenant would take that

Gavin Carlson · Answer

I agree with Matthew, it's a slippery slope once you start offering to cover tenant's items that should be covered with their renter's insurance. Our leases do not require renter's insurance but do clearly state that any damages to personal belongs will be the tenant's responsibility should they decide not to purchase coverage.

Patrick Philip · Answer

It might be hard to require renters insurance in a trailer park, but I'll add something to my lease.

What if tenants property is destroyed from leak?

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