Legal Question in Real Estate Law in California
Landlords rights on damage to property
If a tenant causes damange to the rental unit due to fire (from neglect), and the signed lease states that only the landlord can terminate the lease under these circumstances, what are my rights as a landlord in reference to their rental insurance policy, security deposit, last month's rent? Their insurance has accepted the claim, the building is deemed uninhabitable. I have spent my time finding constractors, even doing a lot of the work necessary to remedy this situation.
1 Answer from Attorneys
Re: Landlords rights on damage to property
Why bother with any of it? You should be tendering the damage claim to your insurance carrier. Assuming the carrier covers the claim, it will then subrogate itself and pursue the tenant and/or the tenant's carrier.
If the tenant's carrier named you as loss payee or additional insured, you can also deal directly with that carrier.
But don't lose your rights to make a claim against your own policy.
Good luck.
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