If an apartment fire caused is caused by a neighboring tenant, does my landlord’s insurance have to pay for my loss?
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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 13 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.
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