Am I liable for damages if the landlord didn't require Renter's insurance?

by **han** » Tue May 01, 2012 10:53 am

There was smoke damage in my apartment as a result of a burning candle (my fault). But I live in Virginia and renter's insurance is mandatory in Virginia:
"B. Renter's Insurance. A landlord may require as a condition of tenancy that a tenant have renter’s insurance as specified in the rental agreement that is a combination multi-peril policy containing fire, miscellaneous property, and personal liability coverage insuring personal property located in residential units not occupied by the owner. A landlord may require a tenant to pay for the cost of premiums for such insurance, obtained by the landlord, to provide such coverage for the tenant as part of rent or as otherwise provided herein." As provided in § 55-248.4, such payments shall not be deemed a security deposit, but shall be rent. If the landlord requires that such premiums be paid prior to the commencement of the tenancy, the total amount of all security deposits and insurance premiums for damage insurance and renter's insurance shall not exceed the amount of two months' periodic rent. Otherwise, the landlord may add a monthly amount as additional rent to recover the costs of such insurance coverage. The landlord shall notify a tenant in writing that the tenant has the right to obtain a separate policy from the landlord's policy for renter's insurance. If a tenant elects to obtain a separate policy, the tenant shall submit to the landlord written proof of such coverage and shall maintain such coverage at all times during the term of the rental agreement."

My landlord didn't require my getting a renter's insurance as part of the lease agreement. So I didn't have any renter's insurance at the time the accident occurred. Now my landlord's homeowner's insurance provided is asking me to pay for the damages.

Do I have any legal obligation to pay for the damages since my landlord didn't require renter's insurance as part of the lease agreement?

by **ashly** » Tue May 01, 2012 11:02 am

You should have renter's insurance whether or not your landlord requires it for exactly this reason. You damaged the landlords' property. Since you don't have insurance, you will have to pay out of your pocket.

by **danil70** » Tue May 01, 2012 11:06 am

You are absolutely responsible to pay for the damages yourself, or expect them to be deducted from your security deposit (and if repairs exceed the security deposit, you would owe them money). The law only states that the landlord may make insurance a condition of renting - it does not anywhere even so much as imply that if he doesn't force you to get insurance that A) you couldn't just go out and do smart thing and get your own insurance still and B) you are no longer responsible for damage to your own apartment, or that the landlord is in anyway responsible for damage or theft to your apartment.

by **hillocke** » Tue May 01, 2012 11:17 am

uh...MAY is the key word here.

Your bad, your failure to obtain, and you damaged the property.

Your bill. Your lesson learned I hope.

by **atworth49** » Tue May 01, 2012 11:27 am

"A landlord may require " Where do you see the word mandatory??

You are responsible for your damages. Rather than go through all of the trouble of finding the referenced statute listed above, you could have just gotten some paint and corrected the issue.

Sorry, but you need to pay.

by **merla15** » Tue May 01, 2012 11:30 am

"A landlord MAY require as a condition of tenancy..." That only means that if they DO require it that they have the legal backing to do so. It by no means obligates the landlord if there is no requirement.

That's your expense if you made the decision to not carry renter's insurance.

by **crom** » Tue May 01, 2012 11:36 am

You are not insured. You caused damage to a property. You are liable for the cost of repairs. That's about all you need to know, or worry about.

by **bergh39** » Tue May 01, 2012 11:45 am

You are an adult, you could have bought renter's insurance even though landlord did not require it.

by **croslea** » Tue May 01, 2012 11:48 am

What you quoted does not make it mandatory. It merely says that the landlord may make it mandatory.

The reason you did not have insurance is because you did not decide to buy it. The landlord did not keep you from buying it. You had the option, and you decide not to do it.

You have to pay for the damages. Next time, get insurance, even if your landlord does not make you.

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