Waiver of Subrogation in Lease

Definition: A lease provision in which the landlord and tenant agree to waive their respective insurance companies' right to seek reimbursement (subrogation) from the other party for covered losses. Prevents one party's insurer from suing the other party after a claim.

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FL Lease Waiver of Subrogation

FL lease subrogation waivers: mutual clause (landlord + tenant waive insurer’s recovery rights). Example: tenant fire, landlord insurer pays, can’t sue tenant. Benefits: relationship preservation, risk allocation, reduced legal costs. FL-specific: hurricane/flood/fire risks make waivers critical. Key: both notify insurers, endorsement may be needed, adequate property insurance required, and scope = mutual + limited to covered property damage (not personal injury/intentional). FL courts enforce as written. Every commercial lease should include.

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Barnes Walker Landlord-Tenant

Barnes Walker’s attorneys draft FL lease waivers. Request a legal inquiry for assistance.

Florida Law Reference

Fla. Stat. Ch. 83, Part II

The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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