I rent, and the house has suffered a fire.?
I rent the down stairs along with another who rents, but another room.
We share the whole house, even though the downstairs is considered finished. I have my own separate entrance. November 6th, the house caught fire, downstairs in the opposite corner from where I rent. We all got out okay even the pets. Since then, we have not been allowed to live back in the house, the power was cut the night of the fire, and it is deemed unsafe for occupancy. I believe the owner, who also lives in the house, is having insurance problems, and I do not have renters insurance. At this point I am staying at a neighbor’s house, and my dog is at another neighbor’s. This is in the state of Massachusetts, so I am wondering what are my options as far as liability……none of my possessions have suffered damage from fire, but there is significant damage by smoke. My computer, my 47" flat screen TV, my clothes, and various other belongings.
So should I continue wait for his insurance company to step up, or should I seek legal advice and begin my own pursuit of restitution ?
I understand about the possessions, but what about the landlord’s responsibility to accomadate me as far as comperable living quarters.
Filed under: Pet Insurance
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The homeowners insurance won’t cover your belongings. it was your responsibility to carry renter’s insurance to cover your things.
First, you need to determine what caused the fire and if someone is liable. If someone caused the fire by negligence, perhaps by leaving a space heater too close to flammable materials, then that person may be liable for all the damage caused by the fire. If that is the case, then you could sue that person. If that person has insurance that covers their liability, then that insurance policy would cover your losses.
If someone is liable for the damages caused by the fire, then you should go ahead and replace the items you lost. You can then use your receipts to prove how much it cost you to replace those items.
However, if the fire was accidental, such as gas hot water heater that malfunctioned or something, and there is nobody who is specifically liable for the damages, then the only way you could have gotten your stuff replaced would have been to carry your own renter’s insurance.
In the meantime, you need to find a new place to live at your own expense. The fire has made it impossible for the landlord to provide your living unit to you in reasonable living condition. However this simply ends your lease, it doesn’t require your landlord to find you a new place to live.
The owner’s insurance will not pay for your personal possessions. That is why you should have carried renter’s insurance.
You will not be getting restitution from anyone. His insurance does not cover you at all and you opted not to get your own insurance.
You should have had renters insurance. I have rental property and the insurance only covers the building, it covers nothing on the contents. Good Luck
THats a tough one Dennis, but lets start at the beginning.
1) What caused the fire? That is the first step to determine who MAY owe for what. If some guy ran a car into the gas heater thats one thing.. but if lightning hit the building that is quite another.
2) What does your rental contract say? If the City has deemed the building unsafe for occupancy, then its time for you to find a new apartment because repairs are going to take a while. Your rental contract will give you a clue as to what the landlords responsibility is.
3) Examine why you think the landlord owes you for your possessions. Most rentals provide space and housing.. but it is up to the tenant to insure his posessiions (thats why Renters insurance exists). Unless there are written provisions to the countrary and unless the fire is caused by the negligence of the landlord (which is a different matter entirely), you are prob. going to have to handle your own problems.
4) Relocation costs… your landlords insurance MAY provide some coverage there.
You should call the insurance company to find out exactly what coverage exists. If he has none for that sort of thing then there is no use waiting for the phone to ring, its not going to happen. In that case a few bucks spent talking with a lawyer will, at the very least, help you understand your rights and your options.
Meantime, of course, you should not be paying any rent to the old place but work out something with the people you are staying with.
good luck..
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His insurance isn’t going to cover a renter’s property. And if you wanted restitution, you should have had renter’s insurance, that’s what it’s for. Otherwise, unless you can show that someone deliberately or at least negligently set the fire, you are out of luck.
it’s time to move on. your landlord can’t hold you to a contract because the building is unfit to live in. the insurance company, if and when they do anything, will fix the property but will not give you anything. you could try to sue your landlord but i don’t think that will amount to anything unless your landlord actually started the fire.
since you don’t have renter’s insurance you will not get any property fix or replaced. you’re always free to get a free consultation with an attorney but again, unless there was deliberate actions or intentional negligence by someone, you’re not going to get anything through these legal channels.
The only money you will get is from your renters insurance or the person who set the fire, if it was arson.
I have heard of some generous policies that owners have that do pay out, but don’t count on it.
The owner’s insurance isn’t going to ‘step up’ to pay for any of YOUR possessions. His insurance covers the premises and HIS possessions. You should have had renter’s insurance, which would have covered your entire loss, as well as temporary accommodations costs while the house is repaired. Sad to say, you are on your own with this one. NOW you know what renter’s insurance is all about.