Posted by Anne_ND on January 16, 2003 at 18:38:26:
Sean,
I totally understood where you were coming from. I have also posted gruff messages in the past. Some posts just strike a nerve!
take care, Anne
Friends lost everything in fire, any recourse? - Posted by BrandonT (So. IL)
Posted by BrandonT (So. IL) on January 16, 2003 at 10:56:29:
Hello there,
Posting to ask a question in place of a couple good friends of mine. These two guys were renting a place, a quarter of a horse farm barn that had been converted into a small two bedroom apartment.
Just two days ago, a fire broke out and destroyed the apartment and everything in it, all their worldy possessions besides their cars, were lost, including their cat. As of now the local Fire Marshall has not reached a verdict on the cause of the fire yet, but the fire hardly damaged any of the barn area, just the apartment, except for the wall right behind the apartment that seperated it from the barn.
Neither of my friends had renters insurance so I’m wondering what, if any, legal or insurance recourse they might have to get some of their things back. The landlord has insurance on the property but could that be used in any way to help my friends out? Will the Fire Marshalls decision on the fault of the fire go into play as to whether they might be able to demand retribution from the land lord?
Any advice for these poor guys would be greatly appreciated.
Brandon T
Southern IL/St. Louis
This will depend on several factors… - Posted by JT-IN
Posted by JT-IN on January 16, 2003 at 15:56:12:
Brandon:
Pending the final report from the Fire Marshal, and his determination as to how the fire started, and any negligence on anyones behalf, will determine if your friends can successfully seek recourse. If there is a definitive report that states that the Landlord or other party was negligent in his duties, (e.g. faulty fire alarm, or wiring, etc.) they may have a case.
Hopefully your friends will not be found at fault, as absent the renters insurance they have no liability coverage for any negligence on their part. This could result in a Judgment against them, if the Owner’s Ins Co would pursue this course of action.
This is a good lesson as to why it is important to require Tenant’s to maintain insurance, so that if a casualty loss is incurred, to no fault of the Landlord, the Tenant can theoretically recover from their Company, if no one is at fault. This may eliminate the Tenant from seeking a loophole to access the Owner/Landlord in such a cause of action.
As previously stated, thank God that the friends were not injured… and too bad that the Cat was lost. Hope they find a reasonable solution…
JT-IN
Re: Friends lost everything in fire, any recourse? - Posted by Anne_ND
Posted by Anne_ND on January 16, 2003 at 12:50:17:
Brandon,
Sorry to hear about your friends’ bad luck, and even sorrier to hear about their cat.
Sean is right, it is the responsibility of the tenants to insure their own personal property, many leases have wording to that effect.
One short-term source of help could be the Red Cross. I have friends whose apartment building burned down a few years ago, and the Red Cross gave everyone vouchers to live in a motel for a week, and some money to replace some necessities. In that case, it was clearly negligence on the part of one tenant that led to the fire, but no charges were brought and no liability determined.
good luck,
Anne
Re: Friends lost everything in fire, any recourse? - Posted by Sean
Posted by Sean on January 16, 2003 at 11:45:26:
They have no recourse, they are responsible for insuring their own property, why would they even think that the landlord is responsible for their stuff? Freaking moochers. Bet they wish they had spent the stupid $10 a month for the renters insurance now don’t they!
With that said, that doesn’t mean they can’t try to sue the landlord. If he was smart he made them sign an insurance “reminder” form when then rented that reminded them on paper that the landlord carries no insurance for, or is responsible for, their personal property.
Have your friends take some personal responsibility, instead of trying to pass the buck!
Obviously if the landlord did something illegal, that lead the the fire, he would be liable for damages to their property. Otherwise, they should be happy they escaped the fire with their lives, instead of looking for someone else to sue.
Re: Friends lost everything in fire, any recourse? - Posted by Sean
Posted by Sean on January 16, 2003 at 13:44:56:
Anne,
Thank you, my response was a bit gruff, I obviously feel for this gentleman’s friends situation. Just struck a nerve that the first thing they are doing is looking for someone to sue. You showed compassion, that my post should have.