If our van caught on fire in our garage, can our landlord make us responsible for structural damages?

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If our van caught on fire in our garage, can our landlord make us responsible for structural damages?

And rthe emainder of lease if the house is not liveable?

Asked on June 29, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A tenant is responsible for damage to the landlord's property done by the tenant (or his/her household, guests, or pets). If your van caught fire and did the damage, the landlord can look to hold you liable for the damage done. And you can be held to the remainder of the lease since the reason the house is uninhabitable is your responsibility--if it was due to a third party's fault, an "act of god," or the landlord, you would not be responsible for the lease after the home is no longer inhabitable, but from what you write, it is your responsibility.

The landlord can only hold you reponsible for any amounts not covered by his insurance.

If the van catching on fire was due to a design or manufacturing defect, you could possibly sue the manufacturer for compensation. If it was due to something wrong done at the last servicing, you may have a cause of action against your dealership/repair shop.


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