House Insurance

This is a discussion on House Insurance within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; 1) If I rent a house and it is damaged by an electrical fire, burglary, Flood, lightening, or a riot, ...


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Old Nov 30th, 2009, 05:53 AM   #1
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1) If I rent a house and it is damaged by an electrical fire, burglary, Flood, lightening, or a riot, then who is responsible for the repair work ? Me or the landlord.

2) If I move out after such an event then can I reclaim my deposit from him: say I have taken a 2 year lease on the house and the damage takes place 6 moths after I have moved in.

2)b) If yes, and if he refuses to return my money then what recourse do I have ?

3) If I insure the house, then can I pocket the insurance claim if I am not liable for the damage ?
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Old Nov 30th, 2009, 08:19 AM   #2
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1) Depends on the cause of the problem. If you caused it by improper use, neglect, or an accident that was your fault, you pay. If it was through no fault of your own, the LL pays.

2) Again, depends on the cause. If you caused it, your deposit can be used to start to pay for the repairs. If you didn't, the deposit should be returned as normal. Some states have an expedited return law in case the unit is uninhabitable because of fire or flood.

2b) If it wasn't your fault, you can sue him in small claims court for the deposit. Before you do, send him a written demand letter for the deposit. Send it by certified mail, rrr, and keep a copy of it. Make sure you give your forwarding address since some states say he doesn't have to return it if you fail to give a forwarding address. Send the letter first, because a few judges like to see that you attempted to solve this yourself before resorting to court. This also established a lack of good faith effort on the LL's part and may qualify you for extended damages (punitive fees that can double or triple your deposit amount). See your state law for fines if the LL fails to return the deposit.

3) You cannot insure the house. You don't own it and no insurance company would allow you to take out a policy on something you have no ownership in. The most you could do would be to pay the owner's insurance premium. If you did, any pay out on a claim would be made to him, not you. You could get renter's insurance, but that would only cover your belongings in the event of one of these things. IF it covered anything else, like the owner's house, it would only be paid to the owner if you caused this.
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Old Dec 2nd, 2009, 05:01 AM   #3
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Thank You
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Old Dec 2nd, 2009, 08:23 AM   #4
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One lats thing, I notice you include burglary and riot in your question. (odd) If you incite a riot or fail to report the burglary and obtain a police report, you can be held responsible for the damages. Inciting the riot would mean it was your fault. Failure to report the burglary would be negligence and you could be charged for the damages. If you do not report, it can be construed that there was no crime and that you committed the damage.
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