when a landlord includes a waiver of subrogation clause in a lease the company issuing the tenant s renter s insurance policy usually requires an additional premium for coverage of losses paid by the insurer as a result of acts or omissions by the landlord 
this extra cost is applied because the waiver of subrogation clause prevents the insurer from asserting a claim against the landlord for the amount paid to the insured or on behalf of the insured in resolution of a covered claim for example if the tenant s guest sustains injuries incurred when a lighting fixture unexpectedly falls from the ceiling of the leased premises the tenant s insurance carrier is unable to assert a claim against the landlord for the amount paid in resolution of a claim by the guest against the tenant similarly if the lighting fixture fell on the tenant s expensive antique table the waiver of subrogation prevents the tenant s insurance company from asserting a claim against the landlord for the amount paid to the insured for the damage to the table some leases contain mutual waivers of subrogation where both the landlord and the tenant waive recovery rights against each other for any claimed loss covered by insurance in some states existing statutory law may override a waiver of subrogation and permit claims to be brought however in most states limitations of liability may absolve negligent defendants of responsibility 2