Fire Incident in uninsured rental unit - Need Legal advice
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Last edited by trishadam on May 25th, 2020 5:56 pm, edited 5 times in total.
May 19th, 2020 1:59 am
May 19th, 2020 8:56 am
May 19th, 2020 9:29 am
While the landlord's insurance may cover some things, they will go after the responsible party(ies) to recover *their* costs. Which is one of the reasons to have tenant insurance with some liability (insurance will front the money to their insurance holder then go after the person needed).Ziggy007 wrote: ↑ What insurance company is asking for money? The landlord or the building association?
As a renter your insurance would only be for your contents and maybe some limited liability on the property, actual structural items would be your landlords property insurance and he should have notified his insurance company that he was using the unit as a rental.
May want to consult a lawyer regardless if you have been served with papers asking for millions.
May 19th, 2020 9:44 am
May 19th, 2020 4:41 pm
May 19th, 2020 5:16 pm
Best advice.FrancisBacon wrote: ↑ On what basis does the expert report say that it was a cigarette from your unit which caused the fire?
You will not be able to "just get your name removed". You are being sued for millions. This will, at a minimum, require a lot of time and effort to fight.
Do you have any assets? It may be cheaper to consider bankruptcy. A good lawyer is needed ASAP.
May 19th, 2020 5:32 pm
This is it.FrancisBacon wrote: ↑ On what basis does the expert report say that it was a cigarette from your unit which caused the fire?
You will not be able to "just get your name removed". You are being sued for millions. This will, at a minimum, require a lot of time and effort to fight.
Do you have any assets? It may be cheaper to consider bankruptcy. A good lawyer is needed ASAP.
May 19th, 2020 5:35 pm
May 19th, 2020 5:46 pm
As other's have said... Talk to a real lawyer for real legal advice. Stressing about it until you do will just give you ulcers without any possible solutionstrishadam wrote: ↑ Thanks for answering.
It’s building owner’s insurance company. The basis of claim is cigarette which I don’t even smoke so is it likely my name can be removed and my other room mate can fight since both our names were in lease. I have already contacted in lawyer but the process is bit slow and it’s scary and stressful to even think about it when I know I haven’t done anything.
May 19th, 2020 6:41 pm
BTW, here's another blog post by a lawyer who specializes in landlord/tenant law:trishadam wrote: ↑ Hi Guys,
I have a question. Last year a fire broke out in our building and affected all the nearby appartments. Fire actually started in one of the balcony.. After a year, we got a notice from insurance company asking for millions that the fire happened due to negligence of us and it was due to cigarette according to expert report. Also according to lease, tenants should have insurance and are liable for smoke damage, etc.
Now I used to live with room mate at that time and I dont even smoke. We both didnt have insurance at that time and the other room mate was sleeping 4 hours before fire happened and was not even smoking at that time. On the other hand, I dont smoke at all and I was out whole day and came home close to midnight when actually fire started at the back of our building. I am not sure why am I even being dragged in this one as I don't even smoke. Is it possible possible to have my name removed my name atleast from it and room mate can fight for himself as I am sure she also hasn't done anything.
Thanks
May 19th, 2020 7:38 pm
You really do need to consult with an attorney.trishadam wrote: ↑Now I used to live with room mate at that time and I dont even smoke. We both didnt have insurance at that time and the other room mate was sleeping 4 hours before fire happened and was not even smoking at that time. On the other hand, I dont smoke at all and I was out whole day and came home close to midnight when actually fire started at the back of our building. I am not sure why am I even being dragged in this one as I don't even smoke. Is it possible possible to have my name removed my name atleast from it and room mate can fight for himself as I am sure she also hasn't done anything.
Thanks
May 21st, 2020 12:53 am
May 21st, 2020 1:11 am
May 21st, 2020 11:30 am
There's still nothing saying that a cigarette butt came from your unit. Could have blown there from the neighbors above or beside.trishadam wrote: ↑ That’s little positivity. Yes, I’m sure it’s not my or my room mate fault fault. Based on their evidence, they found out cigarette butt on deck which doesn’t prove that it lit up fire.
If I remember correctly, there was always some cig but there since ages..
So hoping for the best.
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