
Requiring Renters Insurance in a California Lease
No California statute covered in this handbook either requires or bars a renters insurance clause in a residential lease. In practice, California's Department of Real Estate says "Many landlords will require a tenant to have renter's insurance, specifically liability coverage, and will set the minimum terms of coverage." Two facts make the case for it: the California Department of Insurance tells renters "Your landlord does not provide insurance for your personal property," and a landlord policy does not cover tenant possessions.
The short version
- No statute covered in this handbook authorizes or prohibits requiring renters insurance; the requirement is a lease term.
- The owner's landlord policy does not cover the tenant's belongings.
- The DRE guide notes that "several cases in rent control jurisdictions have held that the landlord cannot evict a tenant for the tenant's failure to purchase renter's insurance that covers their own possessions."
- Some situations are off-limits: no liability insurance requirement for an assistance animal (2 CCR § 12185), and no insurance requirement as a condition of a disability-related modification (2 CCR § 12181).
- An EV charging station request is the opposite case: Civil Code § 1947.6(h) requires the tenant to carry personal liability coverage, with an exception in § 1947.6(i).
- An insurance clause cannot be used to waive the owner's repair duties or legally imposed duty of care (Civil Code §§ 1942.1, 1953(a)(5)).
Why owners and renters both care
The California Department of Insurance states plainly that "Your landlord does not provide insurance for your personal property." The National Association of Insurance Commissioners says the same about landlord coverage: "Tenant possessions are not covered in landlord insurance policies." If a fire or a burst pipe damages a renter's furniture, the owner's policy is not where that renter will find coverage.
The flood disclosure points the same way. Every residential lease entered into on or after July 1, 2018 must tell the tenant that the owner's insurance does not cover the tenant's possessions and that renter's and flood insurance are recommended (Gov. Code § 8589.45). See required lease disclosures.
Earthquakes are a separate question. The Department of Insurance says California law requires homeowners and renters policies to cover fire caused by or following an earthquake, and that the California Earthquake Authority offers policies for renters, sold only through participating insurers, which must be bought from the same company that writes the residential policy. A renter who wants earthquake coverage should ask their insurer.
What the clause should cover
| Item | What to include | Why |
|---|---|---|
| The requirement | That the tenant will carry renters insurance for the whole tenancy | Makes it a lease term rather than a suggestion |
| Liability minimum | The minimum liability coverage amount the owner sets | The DRE notes landlords "set the minimum terms of coverage" |
| Belongings | A plain statement that the owner's insurance does not cover the tenant's possessions | Matches the flood disclosure and avoids surprises |
| Proof | A copy of the policy's declarations page at signing and at each renewal | Lets the owner confirm coverage without guessing |
| Who buys it | That the tenant chooses the insurer and pays the premium directly | Keeps the owner out of the tenant's insurance transaction |
| Lapse | What the tenant must do if the policy lapses, and a deadline to provide new proof | Gives a cure path; see the DRE caveat on enforcement |
| Carve-outs | That no insurance is required in connection with an assistance animal or a disability-related modification | Required by 2 CCR §§ 12185 and 12181 |
| EV chargers | That an approved EV charging station is covered by its own § 1947.6 agreement | § 1947.6 sets its own insurance rule |
Setting it up, step by step
- Decide the requirement and the liability minimum before you list, and apply it to every tenant the same way.
- Write it into the lease and mention it in your written rental criteria, so applicants know before they apply.
- Collect proof at signing. Put it on your lease signing day checklist.
- Calendar renewals and ask for updated proof each year.
- If coverage lapses, send a written reminder with a reasonable deadline. Before treating a lapse as grounds to end a tenancy, talk to a California attorney, given the DRE's note about rent control cases.
- Keep insurance separate from the deposit. Renters insurance does not change the deposit rules: deductions are still limited to the purposes in Civil Code § 1950.5(b) and the 21-day accounting still applies. See security deposits.
Where insurance cannot be required, and where it is
- Assistance animals. A person with an assistance animal may not be required to pay any pet fee, additional rent or other additional fee, including "liability insurance, in connection with the assistance animal" (2 CCR § 12185). See the pet addendum page.
- Disability-related modifications. Owners may not impose "liability waivers or insurance requirements" as a condition of a reasonable modification (2 CCR § 12181).
- EV charging stations. For a station approved under Civil Code § 1947.6, the tenant must carry personal liability coverage "in an amount not to exceed 10 times the annual rent," covering damage and injury caused by installing or operating the station. No insurance may be required if the station is certified by an OSHA-approved Nationally Recognized Testing Laboratory and the work is done by a licensed electrician (§ 1947.6(h), (i)). See tenant alterations and EV chargers.
Clause mistakes to avoid
- Telling tenants that "California law requires" renters insurance. No statute covered in this handbook says so.
- Writing the clause so the tenant's insurance replaces the owner's responsibility for the property. A lease clause waiving the landlord's duty of care to prevent personal injury or property damage, where the law imposes that duty, is void (Civil Code § 1953(a)(5)), and habitability waivers are void under § 1942.1. See habitability and repairs and lease clauses that are void.
- Applying an insurance requirement to an assistance animal or a disability-related modification.
- Requiring insurance from some tenants and not others.
- Assuming the owner's landlord policy covers anything the tenant owns.
For owners
A renters insurance requirement is a common lease term (the DRE says many landlords use one), but it is a contract term, not a statutory right. Keep your own landlord policy current; the landlord insurance guide for Coronado rentals explains how coverage changes when a home becomes a rental.
For renters
Even if your lease does not require it, the owner's policy will not cover your belongings. Ask your insurer what the policy covers, what liability limit you have, and whether earthquake coverage is available. Send proof of coverage when you sign and each time the policy renews.
Local rules
Some cities add rules on top of state law, such as local just-cause, relocation or rental registration rules; check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).
Frequently asked questions
Can a California landlord require renters insurance?
No statute covered in this handbook either authorizes or bars it; it is a lease term. The Department of Real Estate's tenant guide says many landlords require renters insurance, specifically liability coverage, and set the minimum terms of coverage. The same guide notes that several cases in rent control jurisdictions held a landlord cannot evict for failure to buy insurance covering the tenant's own possessions.
Does the landlord's insurance cover my belongings?
No. The California Department of Insurance tells renters that the landlord does not provide insurance for their personal property, and the NAIC says tenant possessions are not covered in landlord insurance policies. Leases entered into on or after July 1, 2018 must also say this as part of the flood disclosure (Gov. Code § 8589.45).
Can a landlord require insurance for an emotional support animal?
No. Under 2 CCR § 12185, a person with an assistance animal, which includes a support animal, may not be required to pay any additional fee, including liability insurance, in connection with the animal. The tenant can still be charged for damage the animal causes.
Can I be evicted for letting my renters insurance lapse?
California law covered here does not answer that directly. The DRE guide notes that several cases in rent control jurisdictions have held a landlord cannot evict for failure to buy insurance covering the tenant's own possessions. Restore coverage quickly, and an owner considering a notice should talk to a California attorney first.
Does renters insurance cover earthquakes?
Earthquake coverage is a separate question. The Department of Insurance says California law requires renters policies to cover fire caused by or following an earthquake, and that the California Earthquake Authority offers renters policies through participating insurers, bought from the same company as the residential policy. Ask your insurer.
McKee Properties manages rentals from its Coronado office; contact us with questions about your property.
This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.
Sources
- California Department of Real Estate, California Tenants guide (2026) (opens in a new tab)
- California Department of Insurance, Residential Insurance guide (opens in a new tab)
- California Department of Insurance, Earthquake Insurance (opens in a new tab)
- NAIC, Leaving Home: Insurance Considerations for a Move (opens in a new tab)
- Gov. Code § 8589.45 (opens in a new tab)
- Civil Code § 1947.6 (opens in a new tab)
- Civil Code § 1953 (opens in a new tab)
- Civil Code § 1942.1 (opens in a new tab)
- Civil Code § 1950.5 (opens in a new tab)
- 2 CCR § 12185 (opens in a new tab)
- 2 CCR § 12181 (opens in a new tab)
Verified October 19, 2026.
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