Am I responsible to pay the deductible on a rental property due to fire damage?
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Am I responsible to pay the deductible on a rental property due to fire damage?
My house started on fire this summer. My landlord is trying to charge me the insurance deductible when the insurance company could not find conclusive evidence as to what caused the fire. He says I’m responsible when no where in my lease is there a clause saying that I’m responsibility for damages such as this. What should I do because I am not the cause of this fire nor am I paying his $500 deductible?
Asked on October 18, 2011 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general matter, a tenant is only responsible for damage which he or she (or his or her family, guests, pets, etc.) caused, unless and only to the extent that there is some lease or other contract term to the contrary, making the tenant responsible regardless of cause.
So if you were not responsible, you should most likely not have to pay; but the landlord and/or the landlord's insurer doesn't necessarily have to believe you or take you at your word. If they feel that you might have been responsible, they can ask for payment from you; if you don't pay, they may sue you (including potentially in small claims court), where they have the opportunity to try to prove that you were responsible for the loss.
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