ohiolandlord
02-09-2006, 12:37 AM
A fire occured in the kitchen of a residents home. (Affordable housing community) The fire report indicated that it was the residents fault. After obtaining contractors to repair the apartment, the owner's agent gave the resident a notice of the amount due. My question is this...The owner has property insurance, can the owner bill the resident for the entire amount of damages even though he was only responsible for the deductible? My gut feeling is no, because they can only charge the resdident the expenses that he was actually out of pocket for, but need confirmation
Thanks
In Ohio, if the tenant who signed the lease agreement caused the fire, then the tenant can be held liable pursuant to Ohio Revised Code Section 5321.05. But if the fire was caused by a guest of the tenant, or someone who was not on the lease agreement, and the tenant did not consent to that persons actions, then the tenant cannot be held resposible. Allstate v. Dorsey.
However, it is also true that the landlord cannot double collect. So if the insurance company of the landlord pays the landlord $5000.00, and the damage was only $5000, then the landlord cannot also collect from you. But you should be reminded that insurance on the part of the landlord is not necessarily a free ride for the tenant. If the insurance company pays out, then the insurance company will be subrogated to the landlord's right to go after the tenant.
To learn more about the rights of tenants in Ohio, you can download our book online at http://www.ohiolandlordtenant.com/book.html
Thanks
In Ohio, if the tenant who signed the lease agreement caused the fire, then the tenant can be held liable pursuant to Ohio Revised Code Section 5321.05. But if the fire was caused by a guest of the tenant, or someone who was not on the lease agreement, and the tenant did not consent to that persons actions, then the tenant cannot be held resposible. Allstate v. Dorsey.
However, it is also true that the landlord cannot double collect. So if the insurance company of the landlord pays the landlord $5000.00, and the damage was only $5000, then the landlord cannot also collect from you. But you should be reminded that insurance on the part of the landlord is not necessarily a free ride for the tenant. If the insurance company pays out, then the insurance company will be subrogated to the landlord's right to go after the tenant.
To learn more about the rights of tenants in Ohio, you can download our book online at http://www.ohiolandlordtenant.com/book.html