Smoke damage in Unit no fire.

[ravenjinn]

What is the name of your state (only U.S. law)? Washington

I live in a Basement Apartment witht he landlords above. While I was out of town and my BF was there (also on the lease) he fell asleep with food cooking. This caused white smoke top fill both units but there was no fire and no black smoke.

The insurence company is covering the damage but even the pros say the damages is minimal and feel all that is necesary even on the tp floor is spot cleaning on the carpets and Ozone treatment, not furniture clean etc. The second floor they cleaned the cupboards, floors, carpets and walls. My BF is a painter and will be repainting the walls mostly because they needed repainting before the smoke damage.

The Landlords seem to be milking the insurence for all it is worth and want new carpets throughout, nwe vinyl in the lower unit because the cleaner made them sticky but the stickyness goes away when mopped with water. But no they want new vinyl.

We offered and are going to pay the landlords $1000 deductible because this was our fault. I don't know if this is the right move now at this point. The landlord asked us to move out but later changed their minds saying times were tough and they knew we'd have to come up with deposits and all again to move. However when asked to move out I asked if I could expect my deposit back. I have recieved my deposit back every place I have lived and we have only been there for 6 months. She said, "Because of the inconvinience of all this taking place during the holidays and since we have to live in out camper for a few days while they clean, I'd say no." I don't think a landlord can keep a deposit do to inconvinience. The incurence will restore the place to perfect condition so I feel I should get my deposit back or if I don't she should apply it to the deductible.

I really feel after all is said and done, they want us to stay long enough to pay the deductible and then will kick us out anyway.

I don't know the legal stand point here. Perhaps I should pay the deductible. Anyone out there with smoke damage expiriences and what happened after etc?

Thanks,
Rose

 

[justalayman]

you would be liable for the damages, not just the deductable. If the insurance company seeks recovery from you, you will be required to pay it, eventually.

I would determine what is actually damaged and what the LL is exagerrating in an effort to have replaced at the insurance companies expense since that expense could become yours.

as to the deposit; you are correct. the inconvenience is not a reasonable claim against your deposit. If they are injured (financially) and you fail to pay for those damages, then that is where the deposit would come in but as incovenience payments? Tell him to add that to the insurance filing. They will tell him it is not recoverable and it shouldn't be from you either.

 

[ravenjinn]

I don't believe I am liable. That's why the LL has house insurence and has specified that they have renters. If there was a possibility that I was liable I'm sure there'd be some kind of insurence out there that I could take out that would protect a rented unit from structural damaged that I the renter could cause. But there isn't. There is only renters insurence that covers my personal belongings nothing to the structure of the unit. The unit is covered under the insurence of the owner. I've already spoken to my insurence company about this.

It is why home owners have insures so cases like these. Any damage we cause is insured under there polocy since they has specified that they do have renters.

AS for how to assess the damage upstairs there's really no way for me to do that. I don't have access. We took pictures downstairs to cover us. But That's they best we can really do.

 

[justalayman]

bliss due to ignorance is a false joy.

If there was a possibility that I was liable I'm sure there'd be some kind of insurence out there that I could take out that would protect a rented unit from structural damaged that I the renter could cause. But there isn't

Yes there is. It is called renters liability insurance. Your insurance pays for your liabilities and losses and then they can seek repayment from the party that caused the damage. Your LL's insurance is responsible for his liabilities and losses but they can seek repayment from those that caused the loss. His insurance is not liable for your liabilities.

a very concise response to the question from Homeowners Insurance | Renters and Apartment Insurance

Isn't my apartment covered under my landlord's policy?

No, the landlord's insurance covers damage to the building and the landlord's property, not your personal property or liability. Plus, you may be liable for damage to the building if it is your fault. If you go out and leave the stove on and an ensuing fire causes extensive damage to the entire building, you may be held liable to the landlord.

 

[ecmst12]

If you have renters insurance, it also covers your liability and will pay back your landlord's insurance for what they have spent as well as the deductible. Good renter for having insurance.

 

[Mrs. D]

Go check your renter's insurance policy, you probably have liability insurance included. It is up to the insurance company to determine whether the claims your LL is making are justified. If they say no and she sues, the insurance company will probably provide you with a lawyer, as well (check your insurance policy again just to make sure).

 

[justalayman]

from what I gleaned from the sites I visited, the liability portion is not necessarily automatically included with renters property insurance.