If an apartment fire caused is caused by a neighboring tenant, does my landlord’s insurance have to pay for my loss?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an apartment fire caused is caused by a neighboring tenant, does my landlord’s insurance have to pay for my loss?

My neighbor caused a fire in her apartment and it crossed into my apartment. The fire destroyed everything I have. The landlord has told me they will not replace anything. I don’t feel this is right since I did not cause this. Should their insurance cover my stuff or am I really the one that has to pay for my loss?

Asked on September 17, 2010 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Did you landlord do anything wrong? For example, did the landlord not have fire alarms, not keep the building up to fire code, etc.? If so you would have a claim against the landlord; however, if not--i.e., if the landlord bears no responsibility for the fire or your loss--the landlord does not have to pay for it. Only if the landlord did something wrong, includinig in fire prevention, would the landlord be liable.

On the other hand, if your neighbor was negligent and that's what led to the fire, you very well may have a cause of action against the neighbor and coud sue her.

This is why renter's insurance is so important--to provide protection when there is no one to sue.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption