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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33029
Experience:  30 years of real estate practice experience.
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My rental lease states that I am required to carry personal

Customer Question

My rental lease states that I am required to carry personal liability insurance, and that failure to maintain this insurance is 'an incurable breach of this lease contract and may result in the termination of tenancy and eviction...."
I do not, nor have I ever carried such insurance.
My question is this: Based on the statement quoted above, can I terminate the lease myself?
The situation is this: My lease ends on Nov 30, rent is going up 20% at the next renewal(Dec 1) and I have no intention of staying and paying the increased rent. In the process of wanting to get out and trying to juggle the scheduling of finding a new place, I may want or need to get into a new apartment a month or two before my current lease ends. If I do leave before the lease is up, and if I don't provide at least a 60-day notice of my intent to not renew, my current management company will charge me a 1-month market rate penalty for each of those breaches of the lease. If want to know if my failure to carry personal liability insurance as stated above basically nullifies the lease and gives me legal grounds to walk away without my management company having any legal grounds to come after me for the penalty money.
I hope this makes sense. Any advice is appreciated. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and Ilook forward to assisting you today.

Expert:  Loren replied 1 year ago.

Unfortunately, the obligation to maintain liability insurance is placed on the tenant. A breach of that obligation entitles the landlord to seek remedy, not the tenant. So, no, it does not give you cause to terminate your lease and not be in breach.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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