7 common landlord tenant insurance mistakes property owners make

7 common landlord tenant insurance mistakes property owners make

What property owners should know about tenant coverage gaps, liability and risk.

John Emery
Director, Insurance Product Development
Jun 24, 2026
1 min read
Share:
Small business insuranceBuy insurance in about 10 minutes
Get a Quote

Commercial landlord tenant insurance can get confusing fast, especially when damage happens and everyone assumes the other party’s policy will handle it. Your tenant may carry business insurance, but that doesn’t always mean your property is fully protected.

That’s where a lot of commercial landlords get caught off guard. Maybe a tenant’s coverage falls short or their responsibility is ambiguous in the lease.

The good news is that many of the biggest insurance headaches are preventable. Here are some common mistakes commercial landlords make — and a few ways to avoid them.

Mistake 1: Don’t assume commercial tenant insurance will automatically cover property damage

Depending on the situation, tenant and landlord insurance coverage can overlap, which is where things get confusing. The building owner might assume the tenant’s coverage applies, and vice versa. In reality, it often depends on:

  • What caused the damage
  • Whose property was affected
  • How both policies are written

For example, if a restaurant tenant accidentally causes a kitchen fire, the tenant’s coverage could help pay for some of the damage.** But the landlord’s property policy may still come into play for repairs to the building itself. Then there are gray areas — like water damage, shared electrical systems or tenant improvements where responsibility isn’t always immediately clear cut.

Here’s a simple breakdown:

Landlord insurance may coverTenant insurance may cover
Building structure and common areas like hallways or parking lotsInventory, equipment and furniture
Roof, plumbing and permanent fixturesBusiness interruption losses
Loss of rental income after covered damageLiability tied to business operations
Certain structural repairs after a covered eventDamage caused by tenant negligence

Landlord and tenant insurance aren’t meant to replace one another. The two policies complement each other, and gaps can happen if both sides assume the other policy will handle everything.

Mistake 2: You should always ask for proof of insurance before a tenant moves in

A lot of landlords include insurance requirements in the lease but never actually confirm the tenant actually has coverage. That becomes a problem fast if there’s a claim. Problems also arise if the policy is expired, was canceled or never matched the lease requirements to begin with.

Before handing over the keys, ask tenants for proof of insurance, also called a certificate of insurance (COI). This is usually a document from their insurance company that shows the policy is active and lists basic coverage details.

It’s also worth checking that coverage limits make sense for the type of business moving in. A small accounting tenant may have very different risks than a general contractor, gym or auto repair shop.

TIP: Businesses change over time, and business insurance needs can change with them. Review coverage annually to catch gaps or insurance lapses before they turn into expensive surprises.

Mistake 3: Don’t assume that all tenant damages to your property will be covered by their insurance

Just because a tenant caused the damage doesn’t always mean their insurance will pay for it. Real claims can be messier than that.

Sometimes damage goes beyond the tenant’s space and affects plumbing, electrical systems or other parts of the building. And the cost of repairs can end up being higher than expected and their insurance payout can’t cover everything.

This is where landlords can get caught off guard. A claim may involve multiple policies or disagreements over who’s responsible for the costs. A landlord may still need to rely on their own insurance to handle repairs or lost rental income while everything gets sorted out.

It’s important for landlords to think beyond “Who caused the damage?” and focus more on whether their own property and income are protected if something goes wrong.

Mistake 4: Be sure to add additional insured requirements in the lease

Many commercial leases ask tenants to add the landlord to their business insurance policy as an additional insured. It sounds technical, but the idea is pretty simple: Becoming an additional insured can provide more protection if you’re pulled into a claim connected to the tenant’s business activities.

This step often gets skipped with smaller tenants or handshake lease arrangements. But when an incident happens, landlords can still end up dealing with claims, legal costs or disputes even if they aren’t directly responsible.

Including this requirement in your commercial lease can help reduce confusion if something goes wrong on the property.

Mistake 5: Don’t assume empty commercial units are fully protected

Just because a unit is vacant doesn’t mean you’re off the hook from protecting it. An empty storefront or office can be more vulnerable to break-ins, vandalism, water damage or maintenance issues that go unnoticed for days or weeks. Even small problems, like a leaking pipe or a broken window, can turn into expensive repairs if no one catches it early.

What surprises some property owners is that insurance may work differently if a space stays empty. In some situations, coverage can become more limited while the unit is vacant, or may not apply at all.

Tenant turnover periods deserve extra attention. If a property will be empty for a while, review your policy (or ask your insurer about vacancy stipulations) and check on the space regularly. This helps ensure small maintenance issues don’t snowball into bigger problems.

Mistake 6: Don’t forget about the possibility of lost rental income after property damages

It’s only natural to think about repair costs when your property is damaged. But for many commercial property owners, the bigger hit is the lost rent that follows.

For instance, say a fire, major storm or plumbing issue forces your tenant to temporarily close or move out. That means your rental income can also stop while repairs are underway. And depending on the damage, that downtime could last months.

That can put landlords in a tough spot, especially if they still have mortgage payments, taxes or maintenance costs coming in. Some commercial landlord insurance policies can help replace lost rental income after some covered events, but not every property owner realizes this until after there’s a claim. It’s one of those protections that’s easy to overlook — right up until a damaged unit starts affecting your cash flow.

Mistake 7: Don’t treat business insurance on your property as “set it and forget it”

A commercial property can change a lot over the years, which means risks also change. Maybe a quiet office space turns into a busy salon. A retail tenant adds expensive fixtures. A restaurant renovates the kitchen. Even rising construction costs can affect how much protection a property owner may need.

Many landlords set insurance requirements when the lease is signed and never revisit them again. Checking in on your policy once a year can help landlords spot gaps before they become expensive issues. Review tenant coverage, confirm policies are still active and make sure the property’s current value and use still match your coverage.

How commercial landlord insurance can help protect your property and income

Insurance issues usually become stressful after damage happens, not before. A few small steps upfront can help landlords avoid confusion and unexpected costs.

Here are a few ways to stay ahead of common landlord tenant insurance mistakes:

  • Ask tenants for updated proof of insurance annually. Coverage should still make sense a year later, not just on move-in day.
  • Outline insurance requirements clearly. Make sure lease agreements clearly spell out a tenant’s insurance responsibilities.
  • Keep records of maintenance. This includes building repairs and property upgrades.
  • Pay extra attention during tenant transitions. Regularly check your unit during vacancies or tenant turnover periods.
  • Check in with your insurance company if you have questions. If you’re unsure about what your policy covers, where coverage overlaps and where it stops, reach out to your insurer or agent.

How ERGO NEXT supports commercial property owners

ERGO NEXT makes it fast, easy and affordable to protect your small business — and you can do it all online.

We’ll ask a few questions about your business and give you a quote. You can select your coverage options and buy your policy in about 10 minutes. Share your certificate of insurance at no extra cost, and you can access your policy 24/7 via web or mobile app.

If you have questions, our licensed, U.S.-based insurance professionals are available to help.

Start a free quote with ERGO NEXT.

John Emery
About the author

John brings nearly 20 years of diverse financial and insurance experience to his role as an Insurance Product Leader at ERGO NEXT Insurance. He specializes in driving innovation and strategy within the insurance space, focusing on creating seamless product experiences for small business owners.

Before joining ERGO NEXT, John spent over seven years at CSAA Insurance Group, where he served as Principal of Strategy & Innovation. His career also includes experience in the insurtech space as a consultant for Metromile, as well as a significant tenure at Merrill Lynch within Venture Services. John holds a degree in Economics from the University of California, Berkeley.

Small business insuranceBuy insurance in about 10 minutes
Get a Quote
What we cover
Chat with Us

Mon – Fri | 8 a.m. – 5 p.m. CT

Facebook
Instagram
Tiktok
Twitter
Linkedin
Youtube
© 2026 Next Insurance, Inc. 975 California Ave, Palo Alto, CA 94304, United States
Better Business Bureau
NEXT is part of the ERGO Group, a Munich Re company.

Issuance of coverage is subject to underwriting. Not available in all states. Please see the policy for full terms, conditions and exclusions. Coverage examples are for illustrative purposes only. Your policy documents govern, terms and exclusions apply. Coverage is dependent on actual facts and circumstances giving rise to a claim. Next Insurance, Inc. and/or its affiliates is an insurance agency licensed to sell certain insurance products and may receive compensation from insurance companies for such sales. Policy obligations are the sole responsibility of the issuing insurance company. Refer to Legal Notices section for additional information.

* To the extent permitted by law, applicants are individually underwritten, not all applicants may qualify. Individual rates and savings vary and are subject to change. Discounts and savings are available where state laws and regulations allow, and may vary by state. Certain discounts and policy start times apply to specific coverages only.

** Coverage examples are for illustrative purposes only. Your policy documents govern, terms and exclusions apply. Coverage is dependent on actual facts and circumstances giving rise to a claim.

Any starting prices or premiums represented before an actual customer quote are not guaranteed and are representations of existing premiums of active policies as of March 21, 2025. To the extent permitted by law, applicants are individually underwritten, not all applicants may qualify. Individual rates and savings vary and are subject to change. Discounts and savings are available where state laws and regulations allow, and may vary by state. Certain discounts apply to specific coverages only.