Legal Question in Landlord & Tenant Law in Michigan
Property Damage due to landlord negligence
I am currently renting a home and yesterday morning around 5:30am a fire started in our garage. The garage and everything inside was ruined. We believe it was an electrical problem. If this is the case (we'll find out on monday), can we sue him for our property damage? We had two vehicles plus much more in the garage. Should I hire someone myself to investigate the fire along with the people the fire department have do it? We didn't have renter's insurance. We live in Michigan
1 Answer from Attorneys
Re: Property Damage due to landlord negligence
Your landlord should have insurance to cover this, and the insurance company will likely perform their own investigation (after the fire department). You would have to check the terms of your lease agreement to determine if the landlord absolved himself of all liability for the garage area and/or its contents.
If the fire was caused by an electrical defect, or the cause was NOT something by you (such as leaving a flammable item in the garage, throwing a cigarette butt near gas, etc), then the landlord or his insurance company should be responsible. Even if the landlord thinks a contractor (his electrician) is responsible, that is his responsibility to go after the contractor, not yours.
Keep all paperwork regarding this and drop off a letter to your landlord asking him if he will be covering your losses and request his insurance company's information.
Also, your auto insurance may cover your vehicle loss if the landlord does not. Contact your insurance agent to discuss this with him and find out their procedure.