Can my landlord make us pay his insurance deductable for a fire that was determined accidental by the fire marshall?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my landlord make us pay his insurance deductable for a fire that was determined accidental by the fire marshall?

My boy friend always keeps a “butt bucket” (plastic folgers can) next to our front door. It’s always full of water and has never been a problem. A week ago we woke up to the fire alarm and an apartment full of smoke, the butt bucket caught fire. It burned the exterior wall and the deck and there is smoke damage to the other 3 units. The fire didn’t burn through the wall or ceiling of the deck but the fire fighters had to make holes to make sure nothing was left burning. Insurance is covering everything but the landlord wants us to pay his deductable of $1000. Is this legal?

Asked on April 26, 2012 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If a person negligently, or through carelessness--i.e. "accidentally," if that accident is the product of carelessness--causes damage to another's property, he or she could be held liable (financially responsible) for the damage. A determination that the fire was an accident, as opposed to deliberate, does not necessarily mean that there is no liability. Therefore, if the landlord feels your boyfriend was careless (e.g. that he shouldn't have had a butt bucket at all; or that he carelessly let the water level fall too low; or that he had tried to throw a butt in it, but missed and let it smolder elsewhere; etc.), the landlord may ask for him to cover the landlord's out-of-pocket cost (the deductible). If  your boyfriend disagrees, he can refuse to pay and let the landlord try to sue him and prove his case in court.


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 lock Secured with SHA-256 Encryption