Fire Loss - No Rentor's Insurance

[amolg]

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

 

[paulcharles]

In which country are you living & in which state, if you are from NY than SCS insurance agency can guide you through out the fire loss insurance system.

 

[amolg]

Hi,

I am living in Ohio state, USA.

 

[GoCubsGo]

Ask those questions on this free legal advice forum: Free Legal Advice: Legal Questions, Answers and Research on LawGuru.com

Also call 1.866.LAW.OHIO (1.866.529.6446) which is Ohio Legal Services. They provide legal assistance to Ohioans.

I wouldn't say anything to anyone. Wouldn't think landlord can make you pay rent on an unliveable place. Would cost him/her way too much to get you to pay even if they could.

Good Luck.

 

[arnguy]

I thought it is renter, or is it similar to adviser v. advisor? Just sayin'.

 

[joshb]

The landlords' policy should have Loss of Use coverage, therefore you would not need to keep paying the rent I would think. Not sure about in Ohio though.

 

[Josh]

The landlords' policy should have Loss of Use coverage, therefore you would not need to keep paying the rent I would think.

That's true, unless they can come back and prove that the tenant started the fire. Most likely it would have to be proven by "clear and convincing" evidence. For example, I have a fireplace in my apartment and if there were to be a fire from it being used then the adjuster would most likely chalk it up to an accident. If however, I had stacks and stacks of old newspaper laying around, stored large containers of gasoline on my deck, and said "I'm so mad at the way my community is managed I have half a mind to burn the place to the ground" then there might be some question as to whether it was an accident or not. Even by a lower standard, if I thought it was a good idea to spot weld in my apartment and a reasonable person would believe it was likely that a fire would come from the spot welding then that is another scenario that I might be able to be held liable for. For the purposes of the original poster I would most likely get renters insurance (mine has $500,000 of liability on my apartment and a house I rent for about than $15/month), but politely tell the former landlord there is no legal basis for him demanding that money and as such I refuse to pay.

Amol, I wouldn't pay them a dime. Second, I'd wait for them to file suit (which they probably won't). Third, if they do file suit then they're going to have to prove that it was your fault. I would talk to an attorney to find out how high their burden of proof would have to be to prove that you intentionally burned the property down. Odds are if there isn't any renters insurance they won't even pursue it especially if you don't have the means to pay them back. If you call up the local bar association they will most likely give you a referral to an attorney who will give you a short, but free consultation and answer any of these questions.

Hope this helps! Don't forget to relax

 

[VacantHomeIns]

If there is no proof you started the fire there should be NO reason you need to pay rent.

 

[VolAgent]

Each state is different, so...

As others have mentioned, if the unit is unhabitable, and you did not render it such, you have no obligation to pay rent. Not only that, but if the unit is uninhabitable, and you pay rent, the owner may have an obligation to provide you with a comparable unit. And finally, if the unit is uninhabitable due to the actions or negligence of the owner, there may exist an obligation to provide you with a comparable unit whether you pay rent or not.

As always, each state is different and you should consult an attorney knowledgeable in your state's laws.

 

[FLInsa]

Your landlord is cuckoo.