Damage on house through car on fire

[STEPHAN]

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

As an experienced landlord, I thought I had it all. Well, now I have something that I have never had before.

The tenant of a small multifamily is scared of ex-boyfriend. He was never a tenant, but there were plans for him to move in. We had an application, but it was never processed.

Tenant calls us and tells us that she is scared of ex-boyfriend and him knowing her address. I found in the court records that she had a Domestic Violence Injunction that was renewed a few times, but now expired.

She asked for new locks in case he made a copy of the key. We changed the locks within hours.

Despite 5 month left on her lease we tell her to put in a 30 day notice.

Same night a car parked in front of the house catches fire, some damage to the house (I guess about $3000).

Turns out it is her moms car - mom does not live here. Apparently the car was not registered. This would have been a violation of city code.

She accuses ex boyfriend to have set the car on fire. Of cause not evidence at all.

Tenant ran away and we have not see her anymore. We know where she used to work, have not checked there.

We have insureance, but a $2500 deductable.

The firedepartment was there. The car was towed. I don't know if police was there as well, but I hope so.

If the car was incured, whould this be an insureance case for them?

If the car was not insured (most likely), could I sue mom as it was her car? The tenant, as she was responsible for the car being there on the private driveway?

Any other ideas?

Thanks,

Stephan

 

[Gail in Georgia]

Have you got the report from the Fire Department that might explain the cause of the fire?

Know where to contact mom or the tenant?

Gail

 

[Zigner]

What did the tenant and/or mom do wrong? The car simply being parked there isn't the cause of the fire...

 

[STEPHAN]

Thanks for your help Gail.

Have you got the report from the Fire Department that might explain the cause of the fire?

Don't have the report yet. I am on a plane from Europe right now.

Know where to contact mom or the tenant?

Don't know mom, but maybe the report has contact information. I know where tenant works, but given that she is on the run she might not be there for long - assuming her ex knows where she works.

 

[STEPHAN]

Zigner, thanks for your input!

What did the tenant and/or mom do wrong? The car simply being parked there isn't the cause of the fire...

Yes you could say so. Or you could say that parking an unregistered car on a private driveway without tags and without the landlords permission is a violation of city code. If the car had not been there, it would not have burned and the heat would not have melted the siding.

 

[HRZ]

You probably need to chase the owner of an unregistered car who parked it on your private property ( if that was your private drive area ) ...but don't hold your breath as to $ results

 

[Zigner]

Zigner, thanks for your input!

Yes you could say so. Or you could say that parking an unregistered car on a private driveway without tags and without the landlords permission is a violation of city code. If the car had not been there, it would not have burned and the heat would not have melted the siding.

That's not how it works.

 

[not2cleverRed]

Zigner, thanks for your input!

Yes you could say so. Or you could say that parking an unregistered car on a private driveway without tags and without the landlords permission is a violation of city code. If the car had not been there, it would not have burned and the heat would not have melted the siding.

No.

If it was arson, the arsonist is the one at fault. If the car weren't there, an arsonist would light up something else. And an unregistered car burns no differently from a registered car...

Oh, and even if arson, that's not necessarily the ex. - there could be some kids in the neighborhood that like lighting up cars.


If it wasn't arson, and there was some defect with the car that caused it to burst into flames, especially if known by the car's owner, then you might have a point.

 

[STEPHAN]

Thanks for all your feedback.

So far pretty much what I thought. Unless the car happends to be insured (unlikely), not much hope.

I will try to find out more and report back.

 

[Zigner]

Thanks for all your feedback.

So far pretty much what I thought. Unless the car happends to be insured (unlikely), not much hope.

I will try to find out more and report back.

If it WAS arson, insurance probably won't cover it.

 

[STEPHAN]

Just to clarify, if it was much more damage, in any case, my property insurance should cover it, even if it was arson?!

 

[Zigner]

Just to clarify, if it was much more damage, in any case, my property insurance should cover it, even if it was arson?!

Your insurance should cover it.

 

[FarmerJ]

You know even a guest can go to visit someone and drive a car with expired plates or registration that is not current since that's a issue for law enforcement BUT I have to admit id like to know if she had borrowed moms car or if the car was loaned to her versus maybe boyfriend knowing where spare keys were and taking it or breaking the lock and stealing it and doing something like burning it and letting her know she was next. Either way would you let us know more as your outcome evolves? J

 

[justalayman]

Thanks for all your feedback.

So far pretty much what I thought. Unless the car happends to be insured (unlikely), not much hope.

I will try to find out more and report back.

It wouldn’t make any difference if it was insured or not. The fact it was a car is irrelevent. Only if a person either intentionally started the fire or the person in control of the vehicle was negligent in some way that cause the fire would anybody owe you anything.

If it was arson you would have to prove who did it to be able to attempt to seek damages. If a negligence issue; you need to prove what they did that was negligent that caused your damages.

 

[adjusterjack]

Same night a car parked in front of the house catches fire, some damage to the house (I guess about $3000).

We have insurance, but a $2500 deductible.

If the tenant wasn't negligent and the Mom wasn't negligent and no way to prove who committed arson (if it was) then it would appear that you are out of pocket $2500.

Any particular reason that you thought a $2500 deductible was a good idea?