• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fire in apartment--are we liable for ALL damages?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

anjalim

Junior Member
I posted this in the landlord/tenant issues forum too but someone advised it was better suited here. My state is Masachusetts.

We accidentally left a small candle lit in our apartment a few days ago, and came back to find a bookshelf burning and the whole place covered in smoke and soot. Fortunately, none of our other furniture caught fire and we were able to return in time to put it off.

Our building superintendent called a contractor because the ceiling, walls, and cabinets in the kitchen and bathroom (all black with soot and smelly) all had to be painted. It's a studio apartment so the repainting is now all done and it cost us about $2500. We are supposed to clean up the balcony, all the wooden floors and the windows. My question is this: Wouldn't the building fire insurance have covered this small accidental fire? Someone suggested that the building superintendent and his contractor friend may be trying to "double dip" by getting the insurance claim as well as money from us. Is that possible? We have spent a week cleaning up and need to know whether we have been taken for a ride or not. We assumed that since it was our mistake to leave the candle on, we are liable for all damages and have to pay up. Would the building fire insurance cover any part of this? The superintendent did take pictures of our burnt apartment for his records, he said. Please let us know soon. Thanks.
 
Last edited:


justalayman

Senior Member
IF the LL is double dipping, he would be breaking the law. It is just that it would not concern what he is making you pay. You are liable and even if HIS insurance paid for the damages, you would still be responsible and be asked by his ins. co. to re-imburse them.

Did you have insurance? If not, maybe it's time for you to consider getting some.
 

treese

Senior Member
I agree with SeniorJudge, leaving a candle burning unattended is negligent and you are liable for the full cost of clean up and repair.

Do you have renter's insurance?

The LL has no obligation to put a claim through his insurance ... it is not in his best interest for a small ($2500.00) claim to be filed with his insurance company. Depending on his deductible, the possibility of higher rates, and having fire damage show up in a CLUE report ... it's not worth it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top