Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Generally, landlords can require tenants to maintain tenant insurance as part of the tenancy agreement. However, it is important that this requirement is clearly stated in the lease before the tenancy begins. If an applicant refuses to agree to a lawful lease requirement such as tenant insurance, which they would sign and agree to, a landlord may decide not to proceed with the application.
Yes. Tenant insurance does not replace landlord/home insurance. Tenant insurance usually covers the tenant’s personal belongings and personal liability, while landlord/home insurance is meant to protect the building, rental-related liability, and potential income loss. Even if your tenants have insurance, you should still speak with your insurance provider about proper landlord coverage for the property.
Not necessarily. A landlord is not automatically responsible for a tenant’s damaged belongings simply because damage occurred in the rental unit. If the flood was caused by the tenant’s own actions, the tenant may be responsible for their own losses. Tenant insurance is designed to protect a tenant’s personal belongings and liability in situations like this. While landlords must maintain the property itself, tenants are generally responsible for insuring their own contents and personal property specifically in a situation where they caused the flood either willfully or due to negligence.
Regarding insurance, you may serve the tenant with the N5 form due to the tenant interfering with your lawful right to obtain insurance as a result of the tenant not complying with your rental agreement.
The issue of insurance is not really addressed in the Residential Tenancies Act. All landlords are encouraged to include a clause in their tenancy agreements specifying that the tenants are responsible to obtain their own contents insurance. This will usually minimize the chances of the tenant claiming that the landlord is responsible when a problem arises. However, if a problem occurs due to negligence on the part of the landlord, the tenant could still claim compensation from the landlord despite any clause in the agreement. Our understanding is that including these clauses in a tenancy agreement may not completely absolve the landlord of any responsibility. When dealing with insurance issues we suggest consulting a lawyer as it is not an issue that is clearly addressed in the law. The Law Society Referral Service can refer you to a lawyer or paralegal, you can reach them at www.findlegalhelp.ca .
If the tenant has not complied with this provision of the lease agreement you may serve the tenant with the N5 form due to the tenant interfering with your lawful right, as a result of the tenant not complying with your rental agreement. If the problem is not corrected within a specified period (7 days) then you could file an application to the Landlord and Tenant Board seeking an order for termination of tenancy.
The Residential Tenancies Act does not include any provision requiring tenants to obtain insurance. Landlords should have property insurance to cover their rental units. However, it is recommended that landlords include a clause in their tenancy agreement stating that the tenant is responsible to obtain their own contents insurance.