If my friend had a fire in her apartment, can the landlord sue to recover damages due to the fire if she had no renter’s insurance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my friend had a fire in her apartment, can the landlord sue to recover damages due to the fire if she had no renter’s insurance?
Asked on December 24, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your friend caused the fire through her negligence, or unreasonable carelessness, such as by leaving a lit stove unattended, plugging too many appliances into an outlet, smoking in bed, being careless with candles, etc. (or if she deliberately caused a fire), then yes, the landlord could both recover compensation from her security deposit and/or sue her for the cost to repair. The fact that she had no renter's insurance only means that she has no one, but herself, to pay for the cost of her legal defense or to pay any judgment against her; it does not prevent her from being sued. (There is no law saying you can only sue people with insurance.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.