Legal Question in Real Estate Law in California
My tenant left a pan cooking and started a fire in the kitchen. Damage was over $25K. What legal right do I have to charge the tenant for my insurance deductible from their security deposit ?
Asked on 7/02/12, 4:02 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Go for it, you have nothing to lose. However, coordinate with your insurance company, as they will likely be suing as well.
Answered on 7/02/12, 4:14 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
I'd say that unless your lease or rental agreement was very nonstandard, the tenant is liable to you for any damage to the premises caused by negligence of this sort. I would also echo Mr. Nelson's advice to keep in close contact with your insurance company -- and I do hope that the property was insured as a rental (rather than owner-occupied).
Answered on 7/02/12, 6:17 pm
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