weird response to fire

[savemart55]

What is the name of your state? Texas
I rent a small warehouse. We had a fire caused by a burglar on his way out. My insurance co. is OK on paying our claim. When the Landlords manager arrived he said that we were responsible for all of the damage to the building, not just what our insurance company covered. We pay the Landlord for his insurance by way of triple nets (taxes, insurance, and common maintenance). He refuses to file a claim or even notify his insurance company because he doesn't want his rates to go up. My claims adjuster says he has no choice and it doesn't matter what my lease says. My attorney says that it is fraud to charge me for insurance and then deny me access to using it. What takes precedence here? The lease language that makes me responsible for "vandalism" and many parts of the building or the fact that I am paying their insurance.

 

[sonofamoo]

This is an easy one...

The REDNECK landlord used your rent money for his drinking and drug usuage, and forgot to pay his insurance bill.....

Sue the bassstard but good!

 

[Votan]

You paid his insurance. Do you have any written proof that you did, and if so, to whom you paid the premium, to landlord (which appears to be the case reading your post) or directly to the insurance company? If you paid to landlord, then you will have to show evidence that the payment is intended to be the premium for his insurance and he cannot use it for anything else.

If you have a written contract with landlord that you pay his insurance, and you have proof you did, then the next question, is there a provision in the contract that says anything to the effect that landlord will have to file a claim with his insurance company in case the damage is covered by his insurance? If yes, then you have nearly black and white case. If not, then prepare yourself for a battle in the court, perhaps in the county court.

 

[JETX]

Good responses, but 'sonofmoo' is an idiot (one of the well known ones on this forum) and Votan is close. Part of the confusion is your claim that you pay the landlords insurance... when what I assume you were getting at was you pay your rent... and he is supposed to pay for his insurance from your rent payment. You do NOT pay directly for his insurance.... correct??

Unless stipulated in the lease, you have NO obligation to pay for the damage to the building... unless it can be shown that you were responsible for the damage by negligence or malice. The owner of the building is responsible for his own insurance... just as you are responsible for your own 'renters' insurance to cover the contents. Tell the landlord to handle his own loss with a claim on his insurance.. and if he files on yours it will be rejected.

 

[savemart55]

Thank you all for your responses. Halket is correct that the rent payment includes a portion for the Landlords insurance. The fire marshall said it was arson and had nothing to do with us. The language in the lease is very clear that we are paying to insure their building. I received a letter from the LL's attorney that quotes portions of the lease that seem to show our responsibility and they have already filed a claim with my insurance company. I paid my attorney to review the case and he said that it is quite a stretch to ask us to pay for their loss. I want to just let my insurance company work it out with them and let their attorney handle it, but the LL's attorney's letter insinuated that that they would lock us out if we did not perform the needed repairs. I guess I'll just wait to see if its just posturing on their part until I pay for a full blown defense. Thank you for your time.

 

[sonofamoo]

YUP i was right the landlord spent the money on booze and drugs instead of paying for insurance....


good luck!

 

[HomeGuru]

YUP i was right the landlord spent the money on booze and drugs instead of paying for insurance....


good luck!

**A: Hey, moo cow, you are full of bull.