Do tenants need building insurance?

The Residential Tenancies Act has no insurance provision, and we found no rule that requires tenant insurance or stops a landlord from asking for it in the lease. The government lists "insurance requirements" among the things a lease should cover, and its tenant checklist asks whether you have arranged tenant insurance.

A tenant must not do or permit significant damage and is liable for damage caused by family members, guests or pets. A landlord can claim damages from the RTDRS or the Alberta Court of Justice, each up to $100,000.

We found no provincial law requiring tenant insurance. The government's tenancy agreements page lists "tenant's insurance requirements" as an example of an additional term, which is generally binding if the tenant agrees to it and it does not contradict the Residential Tenancy Act. An additional term that seems unclear or unfair might not be enforceable.

If a fire or flood makes the unit uninhabitable, the tenancy can end by frustration with no notice from either side, and rent is not owed after the event. A party cannot argue frustration if it resulted from their own deliberate or negligent act.

We found no law that requires tenant insurance. The Residential Tenancies Branch says a landlord generally cannot insist that a tenant carry liability insurance as a condition of tenancy, but it may be reasonable in certain circumstances, for example if the tenant has a waterbed, a large aquarium or a portable washer. The Branch recommends that tenants consider buying a tenant's insurance package to cover their belongings.

When a fire or flood makes a unit uninhabitable the tenancy is deemed to end on the date performance becomes impossible. A tenant can ask in writing for a right of first refusal to rent the unit again, but there is no such right if the tenant caused the damage.

The Act and Regulations contain no insurance text. We found no rule that requires tenant insurance, and none that says whether a landlord may require it in the lease. The Office of Residential Tenancies sample fixed-term agreement has no insurance clause.

A tenant must repair damage caused by the tenant's actions or neglect, or by anyone the tenant lets onto the property. The Act ends a tenancy by frustration if unforeseen circumstances make it practically impossible to complete, and the regulations give a fire that makes the premises uninhabitable as an example.

We found no Ontario law that requires tenants to carry insurance. Section 11 of the standard lease lets the landlord and tenant agree whether the tenant must have liability insurance at all times, and if the landlord asks for proof of coverage the tenant must provide it. The standard lease also says it is up to the tenant to get contents insurance if they want it, and has a box to record that there are no tenant insurance requirements.

A tenant must repair undue damage caused wilfully or negligently by the tenant, another occupant or a person the tenant lets in. The Act applies the doctrine of frustration of contract to tenancy agreements.

The Residential Tenancies Act, its regulation and the Standard Form of Lease say nothing about insurance. The government says a landlord may ask you for proof of insurance as a condition of renting, and that tenant insurance may also cover the cost of accommodation if you must vacate your rental unit.

A tenant must repair, within a reasonable time, damage caused wilfully or negligently by the tenant or people the tenant lets in. The Act has no section on a unit destroyed by fire or flood, but it applies the doctrine of frustration of contract to tenancy agreements.

We found no provincial law requiring tenant insurance. The government's Renting Guide says landlords may request that tenants have insurance to cover their personal belongings and personal damage by including it in their landlord rules, and the standard lease has a "tenant insurance" box under the items the tenant is responsible for.

A landlord may give a notice to quit if the premises have been made uninhabitable by fire, flood or other occurrence, and the tenant may apply to the Director of Residential Tenancies to have that notice set aside.

We found no rule that requires tenant insurance, and none on whether a landlord may require it in a lease. The Act, the Rental Office FAQs and the standard form we reviewed say nothing on the point, so read any insurance clause in a lease carefully before you sign.

A tenant must repair undue damage caused by the tenant or a person the tenant permits on the property. The Act applies the doctrine of frustration to tenancy agreements, and the Frustrated Contracts Act provides that rent already paid can be recovered and rent that falls due later stops being payable.

We found no law requiring tenant insurance. Policy 2-005 of the Residential Tenancies Office says it is generally not unreasonable for a landlord to require a tenant to hold insurance for the tenant's personal property, and that the landlord is responsible for carrying insurance on the rental unit and the landlord's property. The government's guide lists "tenant to maintain tenant insurance" as an example of an additional term.

A tenant is responsible for repairing damage that the tenant or a guest causes deliberately or through negligence. The Act applies the doctrine of frustration and the Frustrated Contracts Act to a rental agreement.