Legal Question in Landlord & Tenant Law in Illinois

My daughter accidentally caused a fire in my apartment, the landlord is filing thru her insurance but says I must pay $1000 deductible before she can have work done. I am unable to pay at this time, so she suggests that I give her what I have which is $200 to replace the stove, so I can cook instead of having to eat out until I can save the money for the insurance deductible. In an attempt to find out the proper way to handle this situation, I spoke with a landlord (no associated with this) and a insurance agent who say I am not responsible to pay the damages out of pocket because I have paid a $2400 deductible. I am I responsible and how do I handle this situation in a manner that protects my rights as well.


Asked on 12/02/09, 3:01 pm

1 Answer from Attorneys
Stephen Messutta

First you need to look at your lease. It probably has provisions regarding your responsbiilities. If you're in a city or village with a local landlord/tenant ordinance (like Chicago, Evanston, etc.) there may be some limitations on your responsibilities. Otherwise this is rather confusing because normally you as tenant would have insurance, and if you do the deductible may be less. The facts are otherwise somewhat confusing. I suggest you take your lease, any insurance policy you have, and a copy of your daughter's insurance policy, to an attorney. At the very least you should talk to both your insurance agent if you have one, and your daughter's. The landlord can't advise you of all your rights even if he or she is trying to be very helpful.

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Answered on 12/07/09, 9:15 pm


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