Legal Question in Landlord & Tenant Law in New York

Accidental Apartment Fire Rights

I think I caused an accidental candle

fire in my friend's apartment. Should

her apartment's insurance company

cover the structural damage in her

apartment regardless, or is she

responsible for returning the

apartment to its original condition?

Asked on 7/31/08, 1:18 am

1 Answer from Attorneys

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Re: Accidental Apartment Fire Rights

Your friend's liability for the apartment, if any, will depend on the language in her lease. In general, tenants are not responsible for "normal wear and tear" damage in an apartment. The fire is clearly not "normal wear and tear", and if the landlord (or the landlord's insurance company) learns that the fire was caused by you, either of them could consider a lawsuit against either your friend or you, or both. This is a sticky situation for you and your friend, and you should at this point consult with a lawyer to discuss how to minimize your potential liability.

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Answered on 8/01/08, 2:25 pm

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