What am I obligated to pay if there is an accidental fire at my rental house & landlord is cancelling lease?
My family lived in a rental house. There was a fire in the kitchen which totally destroyed it (the kitchen). The house is not liveable and we did not have renters insurance. We found temporary shelter, but the landlord is cancelling our lease, keeping our deposit and the payment for May’s rent, which I had already sent him. He says he is keeping the payment to help him pay his insurance deductible, or we’d have the pay out the lease for the rest of the term. Is that right or legal even. Need help quick!
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By Frank Castle, March 6, 2010 @ 3:23 pm
He can press charges against you for arson.
I strongly suggest you to pay for all the damages you have caused and the next time you rent a house buy insurance.
By pas211n, March 7, 2010 @ 3:59 am
I would let the landlord keep the money and be happy that he isn’t suing you for all the damages caused by the fire. Since you didn’t have renters insurance, he could make you pay for the damages. Be glad he’s only keeping the deposit and next month’s rent. He’s doing you a favor by claiming it on his insurance.
By Eric D, March 9, 2010 @ 6:01 pm
your landlord is definitly allowed to keep the security deposit because of the damage (that is the purpose of the security deposit) however, as for the may’s rent, he could be entitled to some of it, depending on the rent period, if you pay rent striclty per month, or like a 15th to the 15th type situation.
if its strictly month to month, than he has no right to the money
see when the lease is to be terminated, if the lease is to be terminated starting may1, than the money is definitely yours
you could run into trouble because even though what you are renting may not be liveable, you are still renting the property
bottom line, get a lawyer
By connemara, March 11, 2010 @ 6:47 am
Yes, you are obligated if YOU set the fire (it’s called arson), or even if it was accidental on your part, unless there was a malfunctioning stove or something of that nature. The landlord has every right to cancel your lease and evict you, and keep your security deposit. As for May’s rent, if you are out of the place (why would you pay May’s rent this early, unless your lease was the 15th of the month to the 15th of the next one), then he is obligated to return it. However, if YOU caused that fire either on purpose or by accident, I would simply call it a day and not hassle about the deposit or May’s rent. The landlord could sue you, so I would just call it even if the worst he did was cancel your lease. And frankly, those who are telling you that you should have had renter’s insurance (you should have and you had better do so in the future) are not taking into account that renter’s insurance covers ONLY YOUR posessions and NOT those of the landlord (stove, refrigerator, cabinets, countertops, flooring, etc.) Those items are covered under HIS insurance.
By newmexicorealestateforms, March 14, 2010 @ 11:19 am
If you look at the lease agreement, I’m sure that there will be a clause in there that states that you are responsible for acquiring renter’s insurance that would cover the event you described.
Unfortunately, your inability to acquire such insurance and by virtue of the clause I mentioned makes you solely responsible for the damages and the insurance company of the landlord can file a suit to recover the expenses they will have in covering the dwelling.
I recommend that you seek legal assistance just in case. There are departments within your state that provide free legal assistance to those who can not afford to get it themselves.
Buena Suerte
By jerry m, March 15, 2010 @ 5:45 pm
LISTEN!!! all former answers are incorrect. first of all accidents do happen that is not arson. your landlord carries insurance on the building, that’s what its for, accidents, your rent covers the operating cost of the building and that includes insurance. you can not buy insurance on a building you do not own only the owner. renters insurance only covers personal property, clothes furniture, etc. not realestate. if you don’t have it, sorry. your landlord must refund to you rent from the date the apartment became uninhabitable, and return your security deposit in full unless he can prove previous damage. contact your city, every city has a department for landlord disputes. his deductible is his cost not yours. accidents do happen, so do bad landlords. good luck.