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About Jonathan Dever, Esq
Expertise
Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance

Experience
Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years

Organizations
Ohio Bar Assn Greene County Bar Assn Champaign County Bar Assn

Publications
Personal web site and web articles

Education/Credentials
JD - Capital University MA - IU of Penn BA - U of Cincinnati

Awards and Honors
Super Lawyer 2005, 2006, 2007 Who is Who, Lawyers 2006, 2007

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > Fire in rental unit - liability?

Real Estate Law (esp. Landlord-Tenant) - Fire in rental unit - liability?


Expert: Jonathan Dever, Esq - 7/28/2008

Question
QUESTION: My son's roommate started an accidental cooking fire at my apt. complex. He was not on the premices. Several units were destroyed. He does not have rental insurance. (yes, he should have, and will in the future!)  His roommate does have rental insurance. My assumption is the landlords insurance will cover the structure. Can my son be held liable for contents to other units? He is in college. Can parents be held liable? He is 21.


ANSWER: Yes he is liable.  He will likely be sued by the landlord's insurance company sometime in the future to recover damages.  If he was found responsible, the other tenants could also sue him.  If he is over 21, generally parents cannot be sued for the acts of an adult child unless on the lease or there are other factors that would permit a claim.

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for taking the time to respond. As you can imagine, this is extremely upsetting on many levels. Do you feel we should obtain an attorney at this point in time or just wait to see if any suits are filed?  Is there anything we can do pro-actively?  Will our son be asked to fill out inquiries, ect?  I should clarify to say that there are 4 tenants on the lease, our son is one of them.  He was not home when the fire started.  He was at work. Thank you!

Answer
Call your personal insurance agent and ask them what to expect.  They can give you a general overview.  Then consult with a local attorney who is knowledgeable in the field for an opinion.

These situations are horrible to be in, and the best course of action is to be proactive.

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