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being sued for fire damage

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N

nooption

Guest
we signed a lease in 1994,in 2000 townhouse substained18k in damage caused by fire, fire investigation reports that the MOST probable cause was ignition of the combustible bedding by smoking materials.(colorado)
summons states that plantiff presented defendant with statements of $ due we replied by letter that the fire was not intenially caused.
we are being sued for the promise that we would return the property in good condiditon.theories being unjust enrichment and unjust loss suffered by the plantiff $22,500.81.
the landlord was insured, and summons is from insurance company as subrogee of landlord.
lease signed 94 and ended 1995 then month to month.
There were many other violations of the lease agreement that the landlord never took any action 1 pet only infact there were 3 /3 occupants, when infact there were 4-5 and he was aware of this and took no action.
the second name on the lease did in fact receive $ back for the deposit
can this actually happen,how can he sue on this when in fact he did not evict or take any action on any other violations of the lease, and he returned monies.my husbands name was on the lease however had not been living there at the time and the landlord was aware of this, however no document was signed or any other lease i have 10 days to respond what do i do ? please!
thank you
 


L

LL

Guest
You should have a lawyer represent you in the suit.

If you are responsible for the fire because of negligence, then you are probably liable for all of the damage, even if you did not start the fire intentionally.

The minor violations of the lease that you mentioned are largely irrelevant to your responsibility for the fire by smoking in bed. If you husband signed a lease and then never terminated it, he is stil liable. If Colorado is a community property state, then you are equally liable. You may be liable, even if CO is not a community property state.
 
M

mary hartman

Guest
As usual......SMOKING.......and NO RENTERS INSURANCE

Come on dont be dumb....you would owe ZERO if you had renters insurance...but you needed the money for Cigarettes!

Nice choice.
 

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