Legal Question in Landlord & Tenant Law in California
Renter's Rights
My father was a tenant at a single family home. Last November he accidentally left a candle on in the living room. The candle broke and lit portion of the interior of the house on fire. The property owner has since been paid out by the insurance company because he has done the repair work to the property. My father recently received a letter from the insurance company of the property attempting to collect over $28,000 in damages. What are my father's rights? Does he have to pay this bill?
3 Answers from Attorneys
Re: Renter's Rights
I dont know whose insurance it was, or whether your father had insurance. Even if not, he should not make any statements without having an attorney. The insurance company has to be able to prove your father is legally liable. For all we know at this point, the candle may have been defective, and the candle manufacturer may be legally responsible. However, you need an attorney.
Best,
Daniel Bakondi, Esq.
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Re: Renter's Rights
I assume that by posting here you are looking for reasonable answers. I personally believe that Attorney Bakondi's suggestion that the candle was defective, and the manufacturer might be to blame is a bit tenuous, but that should not stop you from investigating such a claim.
Your father should have been carrying renter's insurance which covers not just his contents, but would have helped pay this bill. It doesn't sound like he had insurance, and honestly unless there was some intervening factor, your father is most likely at fault for the damage, and owes the money. I do, however, agree with Attorney Bakondi with respect to the fact that your father needs an attorney to negotiate with the insurance company and/or to consider his other options.
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Re: Renter's Rights
It sounds like your father may have liability. However, if he cannot afford to pay the bill he may be able to discharge the debt in bankruptcy.
No attorney client relationship is created by this response.
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