Renters Insurance Clause
in Your Lease
What it actually means, what Massachusetts law says, what's specific to Boston - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- No Massachusetts statute requiring renters insurance was found, and no Massachusetts-specific coverage figure could be sourced, so the dollar amount comes from your lease.
- M.G.L. c. 186, § 15 makes void as against public policy any lease term by which a tenant indemnifies, holds harmless or exonerates the landlord for the landlord's own fault, negligence or misconduct.
- M.G.L. c. 186, § 15B(1)(b) lists exhaustively the four payments a landlord may require at or before the start of a tenancy, which is why an insurance charge collected at signing is worth questioning.
- M.G.L. c. 186, § 21 makes a landlord disclose its own fire insurer in writing within 15 days of your written request, with a fine up to $500 and any waiver void.
- Boston recommends renters insurance rather than requiring it, and the City's Office of Housing puts the cost at roughly $10 to $30 a month.
Understanding the Renters Insurance Clause
A renters insurance clause makes you buy coverage and keep it active for the whole lease, usually with proof at move-in and notice if the policy ever lapses. In Massachusetts that requirement is a contract term rather than a statutory one.
Our record finds no Massachusetts statute requiring renters insurance and no Massachusetts coverage figure, so the amount in your lease came from your landlord. What Massachusetts law does govern is the wording around that amount - M.G.L. c. 186, § 15 voids indemnity and exculpatory terms, and § 21 gives you a written look at the landlord's own fire policy.Confirm the current text of these sections before you rely on them.
What renters assume
Renters see a coverage figure and a line making them responsible for whatever happens in the unit, and assume Massachusetts law stands behind both halves of the paragraph.
What is actually true
Neither half works that way. No Massachusetts coverage figure could be sourced, so the amount is the landlord's own ask, and M.G.L. c. 186, § 15 makes a term shifting the landlord's own negligence onto you void as against public policy.
Boston has no bar on this chart, and that is the easiest thing on this page to misread. It does not mean a Boston renter needs less coverage than a renter in Austin or Denver - it means no Massachusetts requirement and no Massachusetts coverage figure could be sourced, so there is no state number to plot. Pennsylvania is blank for the same reason.
The eleven states showing $100,000 are mostly showing an insurance-market convention that landlords copy into leases. Only two of those rows are law: Oregon, where ORS 90.222 caps what a landlord may demand at $100,000 per occurrence or the customary local amount, and California, whose figure sits in Cal. Civ. Code § 1940.5. A blank row is silence about the amount, not a reason to skip cover.
Plain English Version
Your landlord's policy covers the building, not your furniture and not the water you run into the apartment below. Massachusetts never tells you to buy that cover and sets no amount, but it does stop a lease from making you carry the landlord's own mistakes, and it lets you ask in writing what the landlord's fire policy actually is.
Renters Insurance Clause Example - What the Wording Looks Like in Boston, MA
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
7. Insurance. [The Riggses are] responsible for obtaining fire and extended coverage, including public liability[ ] insurance with [the Harkers] to be listed as an additional insured under the policy. [The Riggses] shall also be responsible for renter's coverage on [the Riggses'] own personal property located on the Leased Premises. [The Riggses] shall indemnify and hold [the Harkers] harmless from all claims of thi9rd [sic] parties for bodily injury, property damage or death arising from [the Riggses'] use or occupancy of the Leased Premises.
Quoted from the published opinion in Hoosier Insurance Co. v. Riggs, 92 N.E.3d 685 (Ind. Ct. App. 2018). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“responsible for obtaining fire and extended coverage”
Massachusetts answers a fire-coverage duty with a right to information. Under M.G.L. c. 186, § 21, a tenant's written request obliges the landlord to disclose in writing, within fifteen days, the company insuring the property against fire, the amount of insurance provided, and the name of anyone who would receive payment for a covered loss. Ignoring the request carries a fine of up to five hundred dollars, and a lease term waiving the duty is void and unenforceable.
“insurance with [the Harkers] to be listed as an additional insured”
An additional-insured requirement is a term about somebody else's interest in your policy, and in Massachusetts the money a landlord may require at the start of a tenancy is a closed list. M.G.L. c. 186, § 15B(1)(b) holds a landlord to the first full month's rent, the last full month's rent, a security deposit equal to the first month's rent, and the purchase and installation cost for a key and lock; the Attorney General's Guide to Landlord and Tenant Rights lists the same four. That list governs money collected by the landlord, and a premium is money paid to an insurer - so establish which of the two an insurance charge on your ledger is.
“renter's coverage on [the Riggses'] own personal property”
Boston's own position on a tenant's policy is a recommendation rather than a requirement: the City's Office of Housing tells renters it protects personal property against risks like fire, theft and vandalism for roughly $10 to $30 a month. Massachusetts attaches no requirement and no coverage figure to it either, so the size of this obligation comes from the paragraph you are reading rather than from the code.
“shall indemnify and hold [the Harkers] harmless”
The closing sentence is the one Massachusetts legislates about. M.G.L. c. 186, § 15 names three moves - indemnifying the landlord, holding it harmless, and exonerating it - and makes any lease provision doing them void as against public policy where the injury, loss or damage arises from the landlord's own omission, fault, negligence or other misconduct. The landlord's own conduct is the ground the section covers.
The insurer's claim survived. Nobody was held liable. The Indiana Court of Appeals reversed a Rule 12(B)(6) dismissal and sent the case back. Under Indiana's case-by-case approach this insurance paragraph has to be construed to work out who the parties intended to bear the risk of fire loss, which means the landlord's insurer could be a real party in interest entitled to sue the tenants in subrogation. The rule it leaned on is worth reading twice: “if a lease obligates a tenant to procure insurance covering a particular type of loss, such a provision will provide evidence that the parties reasonably anticipated that the tenant would be liable for that particular loss, which would allow an [ ] insurer who pays the loss to bring a subrogation action against the tenant.” The case was remanded for the trial court to read the lease and weigh the equities. So the clause was enough to keep the subrogation claim alive - it did not decide it, and no renter should read this as a ruling that the tenants owed the money.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Massachusetts Law on Renters Insurance Clause
- M.G.L. c. 186, § 15 makes void as against public policy any lease provision by which the tenant indemnifies the landlord, holds it harmless, or exonerates it from liability for injury, loss or damage arising from the landlord's own omission, fault, negligence or other misconduct.
- M.G.L. c. 186, § 15B(1)(b) limits what a landlord may require at or before the start of a tenancy to the first full month's rent, the last full month's rent, a security deposit equal to the first month's rent, and the purchase and installation cost for a key and lock; the Attorney General's Guide to Landlord and Tenant Rights lists the same four items.
- M.G.L. c. 186, § 21 requires a landlord, on the written request of a tenant, to disclose in writing within fifteen days the company insuring the property against fire, the amount of insurance provided, and the name of anyone who would receive payment for a covered loss; the fine is up to five hundred dollars and a waiver in a lease is void and unenforceable.
- M.G.L. c. 175, § 99 cl. 15 requires a landlord's fire policy on a multi-unit apartment building to provide up to $750 for each rental unit toward the actual relocation costs of a tenant displaced by fire, which is the landlord's coverage rather than the tenant's.
M.G.L. c. 186, § 15 - statutes change; verify the current text for your situation.
Start with the sentence most renters skim. M.G.L. c. 186, § 15 makes void as against public policy any lease provision by which the tenant indemnifies the landlord, holds it harmless, or exonerates it from liability for injury, loss or damage arising from the landlord's own omission, fault, negligence or other misconduct. An insurance paragraph is a common place for that wording to hide, because it reads like housekeeping next to a coverage figure.
The amount itself has no state backing. No Massachusetts statute requiring renters insurance was found and no Massachusetts coverage figure could be sourced, so the limit written into your lease is a private term - negotiable before you sign and binding after.
Money at signing is separately controlled. M.G.L. c. 186, § 15B(1)(b) limits what a landlord may require at or before the start of a tenancy to four things: the first full month's rent, the last full month's rent, a security deposit equal to the first month's rent, and the purchase and installation cost for a key and lock. The Attorney General's Guide to Landlord and Tenant Rights lists the same four, which is why an insurance-related charge collected at signing is worth asking about.
One provision points the other way, at the landlord's own coverage. M.G.L. c. 186, § 21 requires a landlord, on a tenant's written request, to disclose in writing within 15 days the company insuring the property against fire, the amount of that insurance, and the name of anyone who would be paid for a covered loss; the fine is up to $500 and a lease waiver of the right is void and unenforceable.Read the current text of § 15, § 15B and § 21 before acting on any of it.
Massachusetts Tenant Protections
M.G.L. c. 186, § 15 makes void as against public policy any lease term by which you indemnify, hold harmless or exonerate the landlord for the landlord's own omission, fault, negligence or other misconduct, so that language does not become enforceable just because you signed it. M.G.L. c.
186, § 15B(1)(b) limits what a landlord may require at or before the start of a tenancy to the first full month's rent, the last full month's rent, a security deposit equal to the first month's rent, and the cost of purchasing and installing a key and lock. M.G.L. c.
186, § 21 gives you a written disclosure of the landlord's fire insurer, the amount of that insurance and who would be paid on a covered loss, due within 15 days of your written request, carrying a fine of up to $500, and a waiver of it in a lease is void and unenforceable. And M.G.L. c. 175, § 99 cl.
15 puts up to $750 per rental unit of tenant relocation cover inside the landlord's own fire policy on a multi-unit apartment building, which is the landlord's coverage rather than yours.
What's Specific to Boston
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Boston recommends renters insurance and does not require it. The City's Office of Housing tells renters that a policy covers personal property against risks like fire, theft and vandalism at roughly $10 to $30 a month, which is guidance about cost rather than a rule about coverage.
The city's fire guidance also points renters at a provision most leases never mention. M.G.L. c. 175, § 99 cl. 15 requires a landlord's fire policy on a multi-unit apartment building to provide up to $750 for each rental unit toward the actual relocation costs of a tenant displaced by fire. That money sits in the landlord's policy, not yours, and it is worth knowing about before you accept that a fire is entirely your own insurer's problem.
Boston's own lease-inception rule is rental registration under CBC 9-1.3: every unit registered by July 1, $25 per unit for a first registration, a $300 monthly penalty for missing the deadline, and inspection at least once every five years. It says nothing about tenant insurance, which is the point - the paperwork the city requires at the start of a tenancy is the landlord's, while the insurance ask is your lease's.
So when a Boston lease pushes insurance onto you, two things are actually actionable. Read the paragraph for indemnity or hold-harmless wording and raise M.G.L. c. 186, § 15 against it, and send a written request under M.G.L. c. 186, § 21 for the landlord's fire insurer, which is due back in writing within 15 days.
It should. No Massachusetts coverage figure could be sourced, so wording like 'adequate insurance' leaves your property manager to define the number later.
A fair clause says yes. Our record finds no Massachusetts rule steering you into a leasing office plan, so get any licensed insurer written into the lease.
Red flag, and not merely a negotiating point. M.G.L. c. 186, § 15 makes an indemnity or exoneration term void as against public policy.
Worth questioning. M.G.L. c. 186, § 15B(1)(b) lists exhaustively the four payments a landlord may require at or before the start of a tenancy, and an insurance fee is not one of them.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- M.G.L. c. 186, § 15, read on law.onecle.com. Massachusetts publishes the official text at malegislature.gov.
Red Flags to Watch Out For
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Indemnity buried in the insurance clause
Wording making you hold the landlord harmless for its own fault. M.G.L. c. 186, § 15 makes that void as against public policy in a residential lease.
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No dollar amount in the clause
'Adequate' or 'sufficient' coverage with no figure lets a manager raise the bar later. No Massachusetts minimum could be sourced, so the lease has to say it.
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An insurance charge at signing
M.G.L. c. 186, § 15B(1)(b) lists the four payments a landlord may require at or before the start of a tenancy. Ask which of the four an insurance fee is supposed to be.
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A clause waiving the insurance disclosure
Language signing away your right to ask about the landlord's fire policy. Under M.G.L. c. 186, § 21 a waiver is void and unenforceable, and the fine runs up to $500.
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Landlord named as additional insured
This pulls your policy toward covering their exposure. Additional interest is the legitimate version of the ask - it only tells them if your coverage lapses.
Your Rights as a Boston Tenant
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No statutory duty to insure
No Massachusetts statute requiring renters insurance was found, and Boston recommends a policy rather than requiring one. If your lease is silent, the requirement does not come from somewhere else.
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Indemnity terms are void
M.G.L. c. 186, § 15 voids any lease provision making you indemnify, hold harmless or exonerate the landlord for the landlord's own omission, fault, negligence or misconduct.
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A look at the landlord's fire policy
M.G.L. c. 186, § 21 requires written disclosure of the insurer, the amount and who gets paid on a loss within 15 days of your written request. The fine reaches $500 and a waiver is void.
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Limits on what is due at signing
M.G.L. c. 186, § 15B(1)(b) limits the start of a tenancy to first month's rent, last month's rent, a deposit equal to the first month's rent, and the key and lock cost.
What To Do - Step by Step
Find the insurance paragraph
Search the lease for 'insurance,' 'liability,' 'indemnify,' 'hold harmless' and 'additional insured.' Copy out the required amount and the deadline for proof.
Check what Massachusetts actually sets
No renters insurance requirement and no coverage figure could be sourced for Massachusetts, so read the current text of M.G.L. c. 186, § 15, § 15B and § 21 yourself before you argue from any of them.
Strike the indemnity wording
Ask for any hold-harmless or exoneration language to come out, citing M.G.L. c. 186, § 15. Get the edit initialed rather than promised over email.
Question anything charged at signing
Compare every payment demanded at or before move-in against the four in M.G.L. c. 186, § 15B(1)(b), and ask in writing which one an insurance charge is meant to be.
Request the fire insurance disclosure
Send a written request under M.G.L. c. 186, § 21 for the insurer, the amount of insurance and who would be paid on a covered loss. The answer is due in writing within 15 days.
Get quotes, then get help if needed
Price a few licensed insurers before taking the leasing office's bundled option, and bring the declarations page as your proof. If you have already signed something that reads like indemnity, Boston tenant organizations and the Attorney General's Guide to Landlord and Tenant Rights can help you read it.