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Fire to neighbors fence

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odqlesz

Junior Member
What is the name of your state (only U.S. law)? NJ
One of my tennants had put coals from the grill into a garbage can
next to the neighbors fence, causing the garbage can to ignite
and causing part of the fence to melt.

Tenant thought the coals were out.

Neighbor won't go through their homeowners insurance.
If neighbor did , the repair price of $1500 and the decuctable
would be $500.
My tennant is willing to pay the deductable of $500 but neighbor
doesn't want to go through her homeowners insurance. Tennant doesn't
have renters insurance.

What can i do.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NJ
One of my tennants had put coals from the grill into a garbage can
next to the neighbors fence, causing the garbage can to ignite
and causing part of the fence to melt.

Tenant thought the coals were out.

Neighbor won't go through their homeowners insurance.
If neighbor did , the repair price of $1500 and the decuctable
would be $500.
My tennant is willing to pay the deductable of $500 but neighbor
doesn't want to go through her homeowners insurance. Tennant doesn't
have renters insurance.

What can i do.
Even if the other party went through their insurance company, the insurance company would still look to the responsible party for reimbursement. You can't force them to make a claim on their insurance.
 

justalayman

Senior Member
Hopefully your tenant is willing to pay $1500 because if they are sued they will lose and be held liable for the full amount. Then they will have a judgment on their credit report to boot.

You may want to check into whether you can be held liable as well. Since its your property, your fireplace or whatever and unless you instructed the tenant in how to operate the burner and how to dispose of the ashes properly they may be able to rope you into some contributory negligence on your part as well.
 

odqlesz

Junior Member
Neighbor insists on having this fence company to do the work,
A handy many will do it for half the price but she won't agree to it.

now what?
 

TigerD

Senior Member
But why should i have to pay $1500 for a job that i can have done for $700
Doesn't seem right.

Are they required to submit 3 quotes.
Why exactly do you think it is your problem? The tenant acted negligently. It is the tenant's problem.

TD
 

odqlesz

Junior Member
Why exactly do you think it is your problem? The tenant acted negligently. It is the tenant's problem.

TD
I agree it's the tenants problem, just trying to help them.
But if they don't pay, then does it become my problem.
Do the neighbors have the right to come after me.
The grill is something the tenant brought to the house without my knowledge.
 

TigerD

Senior Member
I agree it's the tenants problem, just trying to help them.
Don't help. It is none of your business.

But if they don't pay, then does it become my problem.
Not unless you made it your problem.

Do the neighbors have the right to come after me.
Yes. It doesn't mean they have a winning case.

The grill is something the tenant brought to the house without my knowledge.
Not relevant.

TD
 

justalayman

Senior Member
Neighbor insists on having this fence company to do the work,
A handy many will do it for half the price but she won't agree to it.

now what?
but can the handyman even perform the work legally?

apparently a fencing contractor is required to have a business registration certificate issued by the state. There may be local licensing issues as well.

since you want to help the tenant, pay for the fence for him. Otherwise it might be in your best interest to do all you can to urge the tenant to pay what he owes.
 

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