Legal Question in Real Estate Law in Oregon
Subrogation of interest
I was renting a duplex from another individual. The dwelling caught fire due to a candle that did not extinguish. I did not have rentwers insurance. I am now being sued for 40K. The Fire Marshall claimed the fire was accidental. Do I have any recourse in this matter? Do landlords in Oregon have to supply working fire extinguishers for rental dwellings? I am on subsidized housing also.
1 Answer from Attorneys
Re: Subrogation of interest
Generally, Oregon landlord tenant law does not require that landlord to supply fire extinguishers, and even if it did, I question whether it would have help unless someone was present to extinguish the fire before it was out of control. However, if the landlord is suing you, but the landlord's insurance company paid the landlord for the loss, then the landlord may not be the correct party to sue you. You may have a defense on that basis. Under Oregon law, a landlord is strictly liable for losses caused by dangerous conditions in the dwelling. If the fire in this was allowed to start because of a dangerous condition (i.e., highly flamable drapes, for instance) then you may have a defense based upon that as well.