by amolg » Mon Nov 01, 2010 11:06 pm
Hi,
I am a tenant. We had fire loss last month. We moved to new apartment now. The primary report of fire department shows the cause is undetermined. The landlord is asking me to pay the rent till the lease ends(which is next 5 months till march 2011). Now landlord's insurance company sent me a letter asking to give my insurance company name and if not i have to discuss with them and they held me responsible for the fire which is not determined yet.
I DON'T HAVE RENTERS INSURANCE...
My questions are,
1) What should i discuss with the claim adjustor?
2) How they held me responsbile?
3) Should I go to fire department and check what is the final report?
4) Do i need to pay the rent till the lease ends.
I don't earn much and don't have any money to pay them. Can someone please guide me properly. We are from different country and don't know the laws here.
Thanks,
Amol
:cry:
I am a tenant. We had fire loss last month. We moved to new apartment now. The primary report of fire department shows the cause is undetermined. The landlord is asking me to pay the rent till the lease ends(which is next 5 months till march 2011). Now landlord's insurance company sent me a letter asking to give my insurance company name and if not i have to discuss with them and they held me responsible for the fire which is not determined yet.
I DON'T HAVE RENTERS INSURANCE...
My questions are,
1) What should i discuss with the claim adjustor?
2) How they held me responsbile?
3) Should I go to fire department and check what is the final report?
4) Do i need to pay the rent till the lease ends.
I don't earn much and don't have any money to pay them. Can someone please guide me properly. We are from different country and don't know the laws here.
Thanks,
Amol
:cry:
Posted: Tue Nov 02, 2010 01:13 am Post Subject:
A renter's policy would not cover damage to the dwelling unless you were negligent in causing the fire. You do not have an "insurable interest" in that property. A renter's policy (known as an HO-4) primarily provides protection for your personal property and personal liability.
Your landlord has a fire policy to cover all physical damage to the inside and outside of the property other than from his own acts of arson or malicious mischief.
If no one can prove the cause of the fire was due to your own negligence, they are stuck with the loss -- unless you (wrongly) voluntarily agree to pay. The fact that the fire department found the cause "undetermined" is not necessarily in your favor, but it's certainly not in your landlord's either.
As for rent, if your tenancy is based on a lease, you may very well be obligated to pay the remainder of the lease, unless they release you from the obligation. You'll have to read the lease about what happens if the premises are uninhabitable.
On the other hand, if your tenancy is month-to-month, they are out of luck -- one of the "bad breaks" that sometimes happens when one is in business.
If the fire department's investigation resulted in an "undetermined" cause, and that opinion has not been changed since then, the insurance company will have an uphill battle proving it was your fault. Let them sue you and try to prove it in court, which will be their burden of proof. When you/your attorney files a response to their lawsuit, just make sure to ask for attorney's fees, so that if your defense is successful, you can assert a claim for all of the costs and not be out of pocket for your legal defense.
We are from different country and don't know the laws here.
You, like anyone else, should consult a lawyer about the merits of your situation. Most attorneys will offer a free initial consultation. Make appointments under such terms with two or three and see what they say. Perhaps you can find one who matches your cultural heritage/speaks your native language to facilitate the communications. Ask friends or relatives for their recommendations.
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