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What Insurance Should I Require From Commercial Tenants?

By Richard Sweet. Reviewed by Richard Sweet. Updated June 20, 2026.

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Your commercial lease is only as strong as the insurance it actually transfers, and most leases transfer less than the owner believes. The insurance clause gets treated as boilerplate, the certificates pile up unread, and the additional insured wording is assumed rather than verified. Then a claim arrives, the tenant’s coverage does not respond the way you expected, and the transfer you counted on turns out never to have existed. Getting this right is part lease language and part verification, and both have to be real.

What every tenant should carry

At a minimum, require commercial general liability at a limit appropriate to the space and use, with the landlord named as additional insured, plus coverage for the tenant’s own property and improvements. Depending on the tenant, add business personal property coverage, workers compensation where there are employees, umbrella or excess liability, and a waiver of subrogation. The requirements should differ by tenant type, an industrial tenant is not an office tenant, rather than a single generic clause applied to everyone.

The two clauses that do the work

Two provisions carry most of the transfer. Additional insured status extends the tenant’s liability policy to protect you for claims arising from their operations or use of the space, so the tenant’s insurer responds when you are named, not yours. A waiver of subrogation stops each side’s insurer from suing the other after a covered loss. Without additional insured, the tenant’s insurance protects only the tenant; without the waiver, a covered property loss can become a lawsuit between landlord and tenant. Both belong in a well-built lease.

A certificate is not proof

Here is the verification trap. A certificate of insurance summarizes a policy but grants you no rights; an endorsement actually amends the policy to add you as additional insured. A certificate can show additional insured status that was never endorsed onto the policy, so relying on the certificate alone leaves you exposed. Verifying the endorsement, confirming the coverage is in force, and tracking renewals are what turn lease language into actual protection. This is exactly the kind of gap that surfaces as a denied or misdirected claim.

It supplements your coverage, not replaces it

Even perfect tenant requirements do not eliminate your exposure. Claims involving common areas, the structure, conditions you control, or holes in a tenant’s coverage still reach you, which is why you carry your own lessor’s risk liability and often an umbrella above it. Tenant insurance and your own program are layers that work together, and they should be designed that way alongside how you hold and structure the buildings.

Review the leases and the coverage together

The way to make lease risk transfer real is to align the lease language, the verification process, and your own liability program. A coverage review checks that your leases require the right coverage, that the certificates and endorsements are actually in force, and that your own liability fills the gaps the leases leave, so the transfer holds when a claim tests it.

What many people don't realize

The part that catches owners off guard

  • Lease risk transfer only works if the language is right and the coverage is actually in force.
  • Additional insured status and a waiver of subrogation are the two clauses that do the real work.
  • A certificate of insurance is not the same as an endorsement, and only one truly proves coverage.
  • Tenant insurance reduces your exposure but does not replace your own liability coverage.
The Vantage Point

What we see most often

Owners treat the insurance clause in a lease as boilerplate, then assume the tenant's coverage will respond when something happens. Often it does not, because the clause was generic, the certificate was never verified, or the additional insured wording was missing.

What we see most often is a landlord who required tenant insurance on paper but never confirmed it was in force, then discovered at a claim that the transfer they counted on did not actually exist.

A real example

A customer was injured in a tenant's space, and the landlord was named in the suit. The lease required the tenant to carry liability insurance and name the landlord as additional insured, but the tenant's certificate had lapsed and the additional insured endorsement had never been issued.

The transfer the landlord relied on was not in force, so the landlord's own coverage had to respond to a claim that should have been the tenant's. The lease language was fine; the verification was missing, and that gap was the whole problem.

Details changed to protect privacy. Shared to illustrate, not to promise an outcome.

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When to review

It may be time for a coverage review if:

  • Your leases require tenant insurance but you do not verify it
  • You are not sure your tenants name you as additional insured
  • You collect certificates but have never checked for endorsements
  • You have office, retail, and industrial tenants on the same terms
  • A tenant's insurer has questioned or denied a claim you expected them to cover
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Frequently asked

Frequently asked

What insurance should every commercial tenant be required to carry?
At minimum, commercial general liability at a limit appropriate to the space and use, naming the landlord as additional insured, plus coverage for the tenant's own property and improvements. Depending on the tenant and the risk, you may also require business personal property coverage, workers compensation where employees are present, umbrella or excess liability, and a waiver of subrogation. The right requirements vary by whether the tenant is office, retail, or industrial.
What is additional insured status, and why do I need it?
Naming the landlord as additional insured on the tenant's liability policy extends that policy's protection to you for claims arising from the tenant's operations or use of the space. Without it, the tenant's insurance protects the tenant, not you, even when you are named in a suit over their activities. It is the clause that actually transfers the tenant-side liability to the tenant's insurer, which is why it is essential, not optional.
What is a waiver of subrogation, and should my lease require one?
Subrogation is an insurer's right to recover from a third party after paying a claim. A waiver of subrogation in the lease means each party's insurer agrees not to pursue the other for a covered loss. Requiring mutual waivers prevents the tenant's insurer, or yours, from turning a covered property loss into a lawsuit between landlord and tenant. It is a standard, valuable clause in a well-built commercial lease.
What is the difference between a certificate and an endorsement?
A certificate of insurance is a summary document that shows a policy exists and lists coverages and limits, but it does not itself grant you any rights. An endorsement actually amends the policy, for example adding you as additional insured. Relying on a certificate alone is a common mistake, because the certificate can show additional insured status that was never actually endorsed onto the policy. Verifying the endorsement, not just the certificate, is what proves the coverage.
Does requiring tenant insurance replace my own liability coverage?
No. Tenant insurance and lease risk transfer reduce your exposure, but they do not eliminate it. Claims involving common areas, the structure, conditions you control, or gaps in the tenant's coverage still come back to you, which is why you carry your own lessor's risk liability and often an umbrella over it. Tenant requirements and your own coverage work together; one does not substitute for the other.
RS
Written and reviewed by

Richard Sweet

Founder and Principal Advisor, Vantage Point Risk

Richard Sweet runs Vantage Point Risk, an independent insurance and risk advisory for property owners, real estate investors, business owners, and families. He works with investors every week on the coverage decisions that decide how a claim actually turns out, and writes the Learning Center to put those decisions in plain language.

Reviewed for accuracy by Richard Sweet. Last updated June 20, 2026.

This article is general information, not insurance or legal advice. Lease and insurance requirements should be coordinated with your attorney and a licensed advisor. For your leases, talk with an advisor.

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