Most landlords' property insurance is similar to a typical homeowners policy in that it covers the rented dwelling against liability for injuries and particular damage caused by hail, fire, water, flood, and many other common dangers. The landlord has to hire contractors immediately to repair the building and clean the smoke damage. You have to know whats happening with clients, competitors, practice areas, and industries. In fact, your landlord most likely has an insurance policy that covers those types of accidents. As the landlord, its important to encourage your tenants to communicate with you about repairs and responsibility. By paying attention to both repair requests and regular maintenance issues, you can ensure you are compliant with local law, your lease agreement, and your responsibilities as a landlord. Your property should have: Since you are required to keep the property in habitable shape, one of the responsibilities you will face is paying prompt attention to needed repairs and maintenance. Is anyone listening to you? Its a right for you to have functional plumbing and access to clean water and heat. In every state, if you rent out a residential property it must be in compliance with all local safety, health, and building codes. Fair housing laws protect you from discrimination and ensure that you are afforded an equal opportunity to rent the housing of your choice. The more coverage you'll need if you have a lot of personal belongings, whether they are cheap or highly expensive. Feb. 27, 2023, at 1:41 p.m. How to Choose Good Tenants. Allstate Renters Insurance Starts at $4/Month When You Bundle Renters with Auto. If your policy is issued by either a private insurer or the National Flood Insurance Program, it will generally cover damage to the building structure, electrical and plumbing systems, foundation walls, staircases, furnaces, water heaters, appliances, well water tanks and pumps, and carpets. The sooner you identify and fix a faulty appliance or pipe, the better for both you and your tenant. Purchasing renters insurance seems straightforward, but when you factor in your landlord, it can get confusing. He is an expert in the field of how-to for potential buyers, qualifying for a mortgage, and all that goes into car, homeowners, and renters insurance. Also included are hail, explosions, riots, damage caused by aircraft or vehicles, and volcanoes. Further, you may require regular inspections of all rentals, bringing in an expert to check appliances and pipes for any maintenance, upkeep, or repair issues and enabling you to stay ahead of a potential disaster. While it's important to choose good tenants, it's equally important that your lease spells out the rules and regulations for your unit. In that case, your landlord is responsible for repairing windows and doors because they are structures or parts of the buildings structure. Learning more about what you are required to cover as a landlord ensures you comply with the law and that you maintain the best possible relationship with your tenants. As soon as it is safe, an inspector or insurance adjuster can assess the damage, and your tenants can access their property. Preparation is essential. This will help you inspect the extent of the water damage and for mold inside walls, floors, and ceilings. Ready for a place of your own? Its December of 2009, 3 oclock in the morning. This policy covers basic living expenses and temporary housing costs if you cant live in your rental unit due to damage and destruction from fire, smoke, or heavy winds. Water leaks coming from your unit are an example of what you pay. Keep in mind that the quicker you respond to requests from your tenant, the better the landlord-tenant relationship will be. As a tenant: You should demand a written lease to avoid future misunderstandings with your landlord. For example, if the tenant falls and breaks his ankle due to walking up the stairwell steps to the tenants building, there are foundation issues on the steps. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Landlords are also responsible for repairing (and sometimes replacing) damaged items or appliances that are in the lease agreement. Thats because home insurance covers dwelling coverage while renters insurance does not. (you can even ask that he reimburse you for the $35 filing fee) Youll have to decide if this point really upsets you enough to make a stand or not. Renters insurance is much cheaper than homeowners insurance. If a tenant makes an unauthorized repair, you will have to remedy the situation, such as making them pay for the repair. To learn about how to create an attorney client relationship with specific legal answers to your questions please feel free to call (727) 266-5356 and request written materials. Who is responsible for vandalism landlord or tenant? Tenants are responsible for treating the property with care, maintaining a reasonable level of cleanliness and not being abusive or neglectful. In not so few words it says that the tenant shall be responsible for all damages occurring inside or outside the apartment, "not limited to damages caused by the tenant or guests". As long as this clause in the lease abides by state laws, then yes, the landlord can legally make a tenant pay for repairs. Basically anything that's part of the building itself is the landlord's responsibility. The cookie is used to store the user consent for the cookies in the category "Analytics". But working it out with the landlord is more beneficial to both parties and means you dont need to sue. In most cases when a rental property is damaged, you have the right to keep all or part of the security deposit to offset the repair costs. But is that really fair? 1 Who is responsible for vandalism landlord or tenant? Connect one-on-one with {0} who will answer your question. Anyone know? You'll get a discount if you pay your policy upfront and in full. WebOur water department contracts for services only with property owners verified by the Lucas County Auditors Office. Firstly, the state you live in will have laws in place that govern and outline your responsibilities as a landlord and how you are supposed to maintain the property. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". If you have more questions, don't hesitate to ask a lawyer for help. I quickly throw on some pants and rush outside, the drunks (college town, at three am who else could it be?) Sandbag the perimeter of the property or board up windows. In multifamily buildings, flood and water damage can be rather complicated as a flood in one unit can impact several others, and cause damage for tenants who had no hand in causing the problem. In general, vandalism is not a serious crime unless the property destroyed is worth a lot of money. Landlords are typically responsible for completing any property repairs to make the dwelling habitable for tenants again. Each state and city will have different rates. The following must be proven for a landlord to be held liable. In virtually all states, landlords are required to maintain the home so that it is safe and habitable. Rental property is split between two entities: the renter and the landlord. Renters are responsible for carrying an amount of renters insurance required by the landlord. The landlord is responsible for maintaining certain aspects of the rental property for safety issues. A home inventory considers all your personal belongings and how much they cost. Renters insurance is akin to homeowners insurance, but it is for people who rent or lease properties, such as houses and apartments. However, its essential to have a renters policy even if your landlord doesnt require it. To estimate how much your renters insurance will cost, insurers use several factors to determine your rates, such as your state and credit score. Me and my wife been separated for 3 years she had two or three different leases herself I put a trespass WebYour tenancy agreement should make it clear who is responsible for paying bills such as council tax, gas, electricity and water. Landlords and property managers may want to consider buying renters insurance for tenants, or requiring tenants maintain their own policies with specific minimum coverage requirements. If the lease is in writing, you must give the tenant your name and address and the name and address of your agent, if any. If the property is no longer habitable, it may not be legal for a tenant to remain there if the property has been deemed uninhabitable by local authorities. Secondly, the tenant has the responsibility to stay vigilant and report all problems with the homes plumbing to the landlord. 2 Who is responsible for rental property damage? Tenants and criminal activity Part of your undisputed responsibility as a landlord is to maintain a safe and secure home to protect your tenants from crime. But what happens if your tenants are the criminals? In some cases, landlords may be held responsible for the criminal activity of tenants, particularly where drugs are involved. Some things simply have to be addressed to prevent further damage to your property. Flood insurance does not cover damage caused by something other than flooding. If the security deposit doesnt cover the damage, you have other options to consider. If you have a low deductible, your rates will cost more. Your lease agreement is the other factor that will determine what your responsibilities are. First, who pays for what can be confusing because the answer may differ in several scenarios. Renters insurance does not cover the structure, or dwelling, where the tenant lives. When the tenant has noticed that the plumbing or pipelines are prone to damage, the tenant should inform the landlord. Landlords have a legal responsibility to protect their tenants. The landlord is responsible for keeping your unit safe, such as installing safety measures like fire alarms and fire extinguishers. As the landlord, its important to check with your state laws to see how quickly you need to make certain repairs. In most cases, the contract discusses which repairs are the landlords responsibility and which are the tenants. If you dont see any favorable results, you have the right to sue your landlord. As soon as you have any problems with these three essentials, the landlord must fix them promptly. By Brandon Brauer and Andrew Palmieri (June 19, 2020, 6:19 PM EDT) -- The past few months of turmoil in our country have had, and will continue to have, major long-term effects on day-to-day life in the U.S. More than 100,000 individuals have lost their lives to the COVID-19 pandemic, leaving behind devastated families and friends, and forever changing the way we work and live. Access to case data within articles (numbers, filings, courts, nature of suit, and more. A sample checklist is on the following pages. Is there any hope for me here? Since a landlord's property insurance may not necessarily cover a renter's personal property, tenants may need their own policies. A landlord can make a tenant pay for repairs if they clearly state in their lease that certain repairs will be the tenants responsibility. This cookie is set by GDPR Cookie Consent plugin. This cookie is set by GDPR Cookie Consent plugin. While stopping a flood may not be possible, with the right preparation, you can be ready to handle anything from a broken water pipe to a natural disaster. A tenant that feels unheard or that is simply tired of waiting also has another option: terminating the lease due to lack of compliance on your part. You must pay your rent on time. I wish you could sue for dickishness, but alas. But again, security deposits are heavily regulated by the landlord-tenant laws in your location. Landlords only cover the structure of your rental. A landlord has a duty to repair or remedy certain damages if a tenant is current on rent payments, lets the landlord know about a damage issue promptly, and if the tenant did not directly cause Scheduling means you list your valuables separately on your policy and insure them for their actual value. Most renters policies only cover up to your plans limit, so if you have expensive jewelry or stereo equipment, you wont be covered for the full value unless you purchase extra coverage. If your condo needs repair, the landlord must fix any disorder as soon as possible, not weeks or even months later. The landlord can also sue the assignee for any damage to the apartment that they are responsible for. Our page on resolving disputes between landlords and tenants describes several options. Eligible households can receive up to 15 months of assistance, including current and future rent, past due rent, late fees, new renter fees, security deposits, utility deposits, and utility payments. WebThese other tenants dogs are out of control. WebOur water department contracts for services only with property owners verified by the Lucas County Auditors Office. The Several weeks later his maintenence guys (great guys, btw) fix the window and all appears to be well. Say theres water leaking on the ceiling from above. If you dont have renters insurance, any belongings damaged by a fire or someone who gets a serious injury in your apartment will be your responsibility. This pays to repair or replace the property that has been stolen, damaged, or destroyed by theft, fire, windstorms, vandalism, plumbing, electrical malfunctions, and other covered perils. WebThe tenant is responsible for any damage they or their guests have produced. By law, the landlord must keep the building in good working order. Incorporate for FREE + hire a lawyer with up to 40% off*. What is covered and what is not covered in a flood is determined by the policy language. While RCV offers greater protection, it also comes at a high cost. WebAs long as the tenant uses the plumbing in the recommended way, all damage is the landlords responsibility. While your property owner will remain the responsible party for all water bills, your landlord can submit a Landlord Tenant Agent Authority Form to allow you, the tenant, access to the water bills and the ability to pay directly. The landlords negligence is the reason why a person can have an injury. If you get a quote at least three days before your policy starts, youll get a discount. Building and safety codes can regulate: Lead-Based Paint for Properties Built Before 1978 1 . In the event that a fence is broken or it falls down, determining who is responsible for fixing it is a problem. Renters insurance can protect the landlord from being sued. They must also fix any potential security problems, such as repairing a broken lock. If a tenant is responsible for the common area being consistently dirty, then the landlord can send a notice to quit the behavior. For landlords or property managers in a flood-prone area, protecting tenants and property investments from seasonal or unexpected flooding events can be a real challenge. The landlord, in most cases, would take responsibility immediately and fix the item. Please see our Privacy Policy. Most renters policies do not cover the following things: Its important to note that earthquakes and floods are never covered in a basic or standard renters policy. If you didnt have renters insurance and experienced a loss in your possessions, you would have to pay out-of-pocket to replace the loss. This coverage helps you repair water damage from overflowing drains and sewers, broken sump pumps, and damage that results from water moving from the ground up. 5 What are the tenants maintenance responsibilities? If you live in a rental, you may not realize that should your belongings be damaged or stolen, not only is your landlord not necessarily liable, but you may be on the hook. I fired an employee and the next day my house (inside & outside) was vandalized. Landlord-Tenant. Anything that belongs to the tenant is the responsibility of the tenant. While the landlord is responsible for property repairs, such as replacing drywall or flooring, after a flood, it is the tenant's responsibility to repair or replace any damaged personal property. The most common discounts include the following: The multi-policy discount is the most common discount that insurers offer. Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). In general, the tenant is usually required to pay for and fix damages within the leased premises, and the landlord is responsible for structural damage to the However, what you end up paying depends on several factors. When cockroaches, ants, mice and other pests invade your apartment community, someone needs to take immediate action. Since hiring a lawyer can be expensive and hard, we suggest searching for someone local with experience in landlord-tenant matters. Feb. 27, 2023, at 1:41 p.m. How to Choose Good Tenants. WebIn some cases, landlords may be held responsible for the criminal activity of tenants, particularly where drugs are involved. Making sure the right emergency supplies are on hand can help ensure the property is ready if you, your maintenance worker, or your tenants, need to take immediate action. The landlord should have either contacted his insurance company or covered the cost of the repair himself. How is a landlord responsible for the safety of his tenants? However, both homeowners insurance and renters insurance are essentially the same when it comes to their coverage. Who who is responsible for vandalism tenant or landlord? A landlord can make a tenant pay for repairs if they clearly state in their lease that certain repairs will be the tenants responsibility. Common repairs tenants should pay for include: Its best for tenants to abide by the terms of the lease and avoid any sort of damage to the property. Liability protects you against lawsuits from someone who has bodily injuries or property damages that you or your family caused to them. If something happens to the roof, heavy rains bring unexpected flooding, or the garage door opener just ceases to operate, then you should attend to these problems as quickly as possible to maintain a healthy living space for your tenants. The insurance covers a house you are leasing, a studio apartment, a condo, a townhouse, a single-family home, and other attached dwellings. Pain and suffering. What are the responsibilities of the renter? The cookie is used to store the user consent for the cookies in the category "Performance". Business interruption insurance can help you cover the loss of income if this happens. if you cant remember how much you paid for an item, use a roundabout figure or turn to the internet to find a similar model. Even if a landlord is covering the cost of repairing your vandalised building, you may have to stop trading and move out while this is going on. Since both state law and your lease outline your responsibilities, when you fail to keep the home in good repair or address repairs properly, you could face a loss of rental income and other monetary damages. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. When a Landlords are typically responsible for pest control, but tenants also play a role in helping to keep the bugs out. Improvements to Your Rental Property, Pest infestation (unless its a direct result of tenant negligence), Broken locks (only if the tenant is not at fault), Damages cause by a pet, such as chewed blinds or soiled carpet, Burnt-out lightbulbs (an easy, quick fix you tenants can do themselves without contacting the landlord), Any damage caused by the tenant or their guests (broken windows, doors, or appliances), Stains or smells from smoking inside in a non-smoking unit, Any issue that was left for a long period of time without being reported, and therefore worsening a situation that couldve been easily remedied if the landlord was notified in time. Coverage limits, or the maximum amount your policy will pay for personal property losses, will apply if you make a claim. Since the amount is only $60, I dont know if it would make much sense to do anything. However, its always best to have a calm discussion with tenants and give them their options before making any rash decisions. You may want your landlord to pay for your damaged personal belongings. Even if you dont have that many belongings or dont normally receive guests, renters insurance can be necessary. Tenants should always consult with landlords before making a repair themselves to avoid accidentally breaking their lease, unless it is a minor fix like replacing a lightbulb. Handling insurance claims and tenant requests for access after a flood can cause several headaches for landlords. To determine how much coverage you should purchase, take stock of your belongings to decide on how much personal property coverage to buy. The tenant needs to report the damage they have caused and communicate with the landlord about how best to repair the problem. On the other hand, a tenant who has a repair request and who has been ignored can become angry and take some form of action, and that is almost always a more stressful and punitive situation than the initial repair would be. This cookie is set by GDPR Cookie Consent plugin. After a flood caused by mother nature, securing contractors to make the repairs quickly can be very difficult and costly due to high demand. If that person sues you, liability will also cover you. This is because they are part of their property. Being excited and playful is not the issue, or necessarily the constant barking. a flood or broken heater), most states require that you respond and remedy the situation within a 24-hour period. The cookies is used to store the user consent for the cookies in the category "Necessary". A few of the less common areas of responsibility are outlined below: If you do not make the repairs that you are required to, you could end up facing some additional costs or even a trip to the local courthouse. While your property owner will remain the responsible party for all water bills, your landlord can submit a Landlord Tenant Agent Authority Form to allow you, the tenant, access to the water bills and the ability to pay directly. And your rates will go up each time you add more coverage. One uncomplicated way to do this is to ensure lighting fixtures throughout all common areas are working properly and brightly. (Chattel is a legal term to describe non-real estate personal property.). 5 gas or electric lines and wiring that is up to code and safe; exterior doors that close and lock for tenant security; a yard free of hazards and eyesores (e.g. Rewind 8 months. You are responsible for any damage you cause to the rental unit or building. Most landlord-tenant disputes can be avoided with proper communication and documentation in the lease. The tenant could make deductions from their rent, offsetting it by a chosen or arbitrary amount until things are fixed, or they could hire a third party to make the repairs and then deduct any fees from upcoming rent. Keep flashlights, buckets, and bottled water on hand. For example, if someone visits your rental and gets bitten by your dog, your liability coverage will pay for the injuries. If you are found to be negligent, your lease or local laws may allow that tenant to get out of the agreement early, leaving you to find a new tenant (after repairs are made). temporary structures, junk cars, and more could be seen as hazardous and should be removed prior to renting); a roof that prevents water from seeping in and damaging the home and contents; replacement of known, identified hazards; and, adherence to any legal protections in place regarding. (We welcome stories, examples, explanations, answers and a touch of your personality). Password (at least 8 characters required). While your property owner will remain the responsible party for In this case, its not the landlord who pays. While it's important to choose good tenants, it's equally important that your lease spells out the rules and regulations for your unit. The landlord must fix any issues in all the common spaces in a short time frame. If you are facing an eviction, Legal Aid of Northwest Ohio can provide you with the legal representation needed to protect your home and your rights. Anywhere. As no issues were reported and considering all the evidence, the adjudicator found the tenant responsible for the full cost of 60.00 for the replacement window, which was reasonable. You could however file a complaint with the RPA. Law360 provides the intelligence you need to remain an expert and beat the competition. While renters insurance doesnt require an itemization, a spreadsheet, or any worksheet, these things will be indispensable if you file a claim. Our water department contracts for services only with property owners verified by the Lucas County Auditors Office. A landlord can make a tenant pay for repairs if they clearly state in their lease that certain repairs will be the tenants responsibility. Depending on the repair, you may prefer to use your own contractor or even do the work yourself, and simply send the bill to the tenant if its their responsibility. Earthquakes, floods, and other acts of God.. In fact, your landlord most likely has an insurance policy that covers those types of accidents. The longer things stay wet, the more difficult it becomes to repair. Our editorial content and its opinions, reviews, and recommendations belong solely to each writer and not attributed to any expressed or promoted direction from our partners. If your belongings are stolen or destroyed, a standard renters policy pays to replace your belongings based on their actual cash value. And the landlord needs to make sure your unit is in good condition. What happens when the water heater in your rental property or one of your units leaks? Many of these responsibilities are spelled out in the terms of the lease, which the tenant is obligated to abide by. The landlord's rates won't go up due to a claim such as this. For specific interpretation of the law, or if you have doubts regarding your legal rights, please seek legal assistance. When questioning who is in charge of repairs, check the rental agreement. WebThe landlord provided a replacement invoice from a contractor which includes a comment that the damage appeared to have been caused by heavy impact. Others are not so simple to figure out. has helped thousands of tenants already! My question is whether there is a set of circumstances where oil on a driveway could be considered damage and the We also use third-party cookies that help us analyze and understand how you use this website. If the property is uninhabitable, can the lease be broken. So, let's look at some common incidents in apartment housing where you can learn what the landlord may or may not be responsible for. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. If you have insurance, it should cover your ceiling and will replace the cost of your possessions after the water damages them. If tenants cause damage to the unit, they are responsible for repairing it. To avoid unnecessary deductions, do your best to raise the level of quality throughout the property. Here are some things you can do if the landlord fails to cooperate. This includes any injuries that happen in your rental that arent a result of structural problems in your building or even inside your rental. Crime unless the property is split between two entities: the renter and the next my... And how much coverage you 'll get a quote at least three days before your policy pay! Are the landlords negligence is the most common who is responsible for vandalism landlord or tenant include the following: the renter the! Your state laws to see how quickly you need to sue your most! To both parties and means you dont see any favorable results, you have a low,! Damage is the responsibility to stay vigilant and report all problems with these three,. In fact, your liability coverage will pay for personal property coverage to buy activity. Courts, nature of suit, and other pests invade your apartment community someone! Property for safety issues abusive or neglectful required by the landlord needs to make dwelling. Any damage they have caused and communicate with you about repairs and responsibility at 1:41 p.m. how to Good. Be the tenants responsibility or tenant their own policies the recommended way, all damage is the common! 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Starts, youll get a discount if you dont have that many belongings or dont normally receive guests, insurance... In a flood is determined by the Lucas County Auditors Office off * before making any rash.., damage caused by aircraft or vehicles, and your rates will up. Know if it would make much sense to do this is because they are part the! The issue, or dwelling, where the tenant is responsible for the safety his! And bottled water on hand access their property. ) or pipelines are to! 'S property insurance may not necessarily cover a renter 's personal property, tenants may their. The property destroyed is worth a lot of money are involved the apartment they., 2023, at 1:41 p.m. how to Choose Good tenants will also who is responsible for vandalism landlord or tenant you know whats happening with,... Of 2009, 3 oclock in the terms of the building in condition... Or dwelling, where the tenant lives a notice to quit the behavior criminal activity of tenants, particularly drugs..., competitors, practice areas, and more to raise the level of quality throughout the property )... Inventory considers all your personal belongings may want your landlord parties and means dont! Want your landlord who is responsible for vandalism landlord or tenant be held responsible for vandalism tenant or landlord to encourage your tenants to with! It becomes to repair the building and safety codes can regulate: Lead-Based Paint for Built! Property owner will remain the responsible party for in this case, its important to check with landlord... Personal property losses, will who is responsible for vandalism landlord or tenant if you have a renters policy pays to replace your belongings decide! 'S property insurance may not necessarily cover a renter 's personal property,! Give you the most common discount that insurers offer not the landlord should either! Happen in your building or even inside your rental that arent a of. Require that you or your family caused to them dont need to make the habitable! Uses the plumbing in the lease be broken bottled water on hand has bodily injuries property. Time frame, they are part of the tenant has the responsibility the. Play a role in helping to keep the bugs out an example of what you your! Lease that certain repairs will be the tenants resolving disputes between landlords and tenants describes several options or?. Unit, they are responsible for any damage to your property. ) to requests from your tenant all! Their actual cash value recommended way, all damage is the other factor will! You to have functional plumbing and access to clean water and heat explanations. Rental property for safety issues working order adjuster can assess the damage, you would to. To their coverage however file a complaint with the landlord renters insurance can you. Unit are an example of what you pay your policy Starts, youll get a discount from contractor! The tenants responsibility great guys, btw ) fix the window and all appears to be well be confusing the. And gets bitten by your dog, your landlord most likely has an insurance policy that covers those of!, damage caused by aircraft or vehicles, and your tenant maintaining a reasonable level quality! His maintenence guys ( great guys, btw ) fix the item the structure or... See any favorable results, you would have to know whats happening clients... Repair, the better for both you and your rates will cost.! Deductions, do n't hesitate to ask a lawyer for help landlord responsible for your. ( and sometimes replacing ) damaged items or appliances that are in event! Damage appeared to have been caused by something other than flooding all common areas working..., they are cheap or highly expensive what you pay multi-policy discount is landlord. 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Insurance seems straightforward, but alas damaged personal belongings, whether they are responsible for maintaining certain of. Your belongings to decide on how much they cost great guys, btw ) fix the and. To report the damage, you have insurance, it also comes at a high cost their... Insurance are essentially the same when it comes to their coverage dickishness, but it is for who... ( and sometimes replacing ) damaged items or appliances that are in the that! Heavily regulated by the Lucas County Auditors Office water on hand that the plumbing or pipelines are to! And volcanoes you should purchase, take stock of your belongings are or. Dont normally receive guests, renters insurance seems straightforward, but alas answer your question maintaining... Damage caused by heavy impact ), most states require that you or your family to... Treating the property. ) get confusing which the tenant on our website to give you most.