There was a fire in the tenant’s unit and he did not have insurance even though the lease specifies tenants must carry contents insurance. Are we protected?

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 .

Skip to content