Earlier this year my apartment was minimally damaged by a fire. The exact cause of the fire is unknown, however it is believed that my cat knocked something onto the stove which then turned on and burned the basket. Fire damage to the apartment was restricted to the kitchen stove area. Smoke damage in the kitchen was extensive in the kitchen, but elsewhere in the apartment nothing was damaged by smoke or by fire. I have no renters insurance and live in Michigan.

The landlord stated that we owed approximately $4,500 in damages, and provided us with an itemized list of damages. On that list, were items that were never in the apartment to begin with (i.e. a dishwasher), and other items that were not damaged were replaced. In my own estimate, I believe the damages and costs of cleaning are closer to $1500

I believe that the apartment complex is trying to use this incident to upgrade the apartment--at my expense. I have written a letter to the management company stating my disagreement with the charges, they responded and took off the items that were not in the apartment. However, they still charged us for items that were originally in the apartment but not damaged.

They have threatened with collections. I do not want my credit ruined and am willing to pay for what I am responsible for, but they are not accepting my offers of compromise.

Please advise.

CaptainForest

Collections?

They can NOT do that.

First, they must SUE you in court.

Then, if they win, they can collect.

If you are in the right here, explain this to a judge when you get served with a law suit.

Or, send them a letter offering to settle now for $1,500. Maybe they will accept. And if they accept, get it in writing!

LUNAGODDESS

Captain forest is correct...

Cvillecpm

Renter's insurance cost less than $10 per month....never rent without it.

That said, the property owner has already claimed damage charges on their insurance. If you don't pay the amount they want AND get a waiver of subrogation (talk to an attorney), the owner's insurance company can come back against you AGAIN as the cause of the fire. Just because the fire marshall has not said it was your fault does not mean the owner's insurance won't see it as your fault...you had custody, care and control of the unit and the operation of the stove was in your control.

In any discussion with owner/property management co, indicate you want a waiver of subrogation so that you don't get sued by their insurance company.....it happens all the time and is a disaster for your credit.


Renter's insurance - never rent without it.

RickJ

Let me add something to this. In the U.S., Yes, the landlord can bill you and yes he can place the account for collections without sueing you.

That doesn't make it right, though.

I'd not want to wait for harm (credit harm) to come to this then dispute it; I'd see an attorney.

In my area attorneys will do a short initial consultation at no cost. Take the bill to an attorney and ask him flat out what you should do.

ScottGem

Two questions. 1) Do you have any pictures or statements about the extent of the damage? 2) What is the difference after they removed the disputed items?

If you do not have proof of the extent of the damages, then I would not try to fight it. The landlord will simply present bills from the contractors who will, most likely say they needed to fix certain things because of unseen or collateral damage.

Without evidence of the damage, your only recourse is the fact they tried to pad the bill with items that weren't there. But that could easily be explained as a error, especially since they fixed it immediately after you reported it.

I would try once more to settle, maybe agree to pay something each month towards the total. But if they refuse, pay up and chalk it off to experience. I can see little likelihood of your prevailing in court oin this. Then RUN to an insurance agent and purchase renters insurance.

ramatae

Thank you very much for the quick responses.

Yes, we have pictures as proof of the damage, and I have consulted with an attorney who states similar arguments as those you have given above--but not much of a plan for action. He did not say whether or not they could take us to collections before a suit.

We tried to compromise (via a letter) with the landlord for $1500 and they would not accept. We have a meeting with the management company this week where we will try to settle. The apartment complex stated in the beginning that there was not enough damage to the unit to make a claim to the insurance company. Knowing this, is there any way after we settle that someone could come after us for the "rest" of the initial amount? The attorney did not mention anything about subrogation.

ScottGem

A settlement generally includes language that prevents the parties involved from pursuing any further action. You might want to ensure that they include wording that they will not be filing an insurance claim.

s_cianci

See if you can get some sort of documentation, in the way of an inspection, stating that the undamaged items in question don't need to be replaced or repaired. Better yet, get 2 ; one from an inspector of your choosing and one from an inspector of the landlord's choosing. Depending on the cost you can pay the expenses yourself or insist that the landlord share the cost with you. Since this appears to be the only unresolved issue, it should be fairly easy to deal with if these items are in fact intact like you claim.