Can my landlord’s insurance company press charges against me for fire damage?
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Can my landlord’s insurance company press charges against me for fire damage?
When I moved into my condo, I had an accidental kitchen fire. I notified my landlord of the damage, who then notified his insurance company. I was in regular contact with my landlord regarding the situation, and ended up paying him the insurance deductible. After I paid the deductible, he let me know that his insurance company found me at fault and wanted to get in contact with me. I soon received a letter from them informing me of how much I owe them under subrogation. However, I am a college student with little income and no money to pay. Can they press charges against me if I am
unable to pay? Also, the fire happened after I had signed the rental lease but before the date that the contract was specified to begin my landlord allowed me to move in a few days early, as I know him personally. Does this mean that I was not yet a tenant at this time? What does that mean for the
situation?
Asked on November 14, 2017 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They can only press charges if there is evidence that this was an intentional fire (e.g. arson). However, if you were at fault in any way in causing the fire, even by simple carelessness, they could sue you and recover the money they had to pay out under their policy due to your fault: this is subrogation. A person who is at fault in causing a loss can be forced to repay the insurer who paid out under a policy.
If had signed the lease and moved in, you were a tenant, even if you were allowed to move in early. Even if you had not been a tenant, if you were at fault in causing the fire, they could still sue.
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