Ask Me Help Desk - California Landlord, Tenant Fire

1- I rented to my friend and her boyfriend. I knew it was probably a mistake but I was trying to help them out. They had bad credit and no deposit.
2- Current record, rent has been consistently late, but right now current and less than half the deposit.
3- Fire broke out on porch while they were at work in morning, fire department breaks down door, sprinkler system goes off, fire on porch. Fire department saw outside wall and takes fireplace apart. Fire department believes that cigarette had started or embers of cigarettes flew onto bag of coals used for BBQ and smoldered there before breaking fire out.
4- Lawyer tells me to kick them out and hire contractors to repair and file judgment against renters to garnish wages.
5- I'm trying to work with renters, but I'm afraid I'm getting screwed. Renter's dad is a general contractor, I need him to guarantee and warrantee work. Dad's company is to pay for work and renter is to pay for supplies. General contractor will only guarantee work for 1 year and no charge to me. Basically, renter would be responsible for all costs.

The renters want me to sign and acknowledge on paper that they will pay and repair damages but will not accept full responsibilities or liabilities. According to renter there is a possibility that a cigarette from above them could have flown onto porch and set the fire. I am sure that their cigarette caused the fire. According to rental contract they are to carry renter's insurance for damages to premises and own assests, but they only did for their own personal assests. Also according to rental agreement if the fire was caused by renter that I have the right to cancel the rental agreement, hire contractors and they are responsible for all costs and loss of rent. My friend's boyfriend is the smoker. He's been very unresponsible. Not paying on time, spending money instead of paying rent, breaking windows when drunk of condo complex and a DUI with his baby daughter in vehicle. I am pretty certain that his cigarette caused damage.

I don't think I should sign her document saying that she is not responsible for any further damages. I think I have to check to make sure that most contractors will have covered more than a year for warrantee contracting work. And will not charge me, or have lawyer look at the documents before he proceeds. Then if he refuses, to kick them out and cut my losses, get the work done with peace of mind and file a judgement to garnish wages against them. Advice?

Quote:

Originally Posted by Positive

1- I rented to my friend and her boyfriend. I knew it was probably a mistake but I was trying to help them out. They had bad credit and no deposit.
2- Current record, rent has been consistently late, but right now current and less than half the deposit.
3- Fire broke out on porch while they were at work in morning, fire department breaks down door, sprinkler system goes off, fire on porch. Fire department saw outside wall and takes fireplace apart. Fire department believes that cigarette had started or embers of cigarettes flew onto bag of coals used for BBQ and smoldered there before breaking fire out.
4- Lawyer tells me to kick them out and hire contractors to repair and file judgment against renters to garnish wages.
5- I'm trying to work with renters, but I'm afraid I'm getting screwed. Renter's dad is a general contractor, I need him to guarantee and warrantee work. Dad's company is to pay for work and renter is to pay for supplies. General contractor will only guarantee work for 1 year and no charge to me. Basically, renter would be responsible for all costs.

The renters want me to sign and acknowledge on paper that they will pay and repair damages but will not accept full responsibilities or liabilities. According to renter there is a possibility that a cigarette from above them could have flown onto porch and set the fire. I am sure that their cigarette caused the fire. According to rental contract they are to carry renter's insurance for damages to premises and own assests, but they only did for their own personal assests. Also according to rental agreement if the fire was caused by renter that I have the right to cancel the rental agreement, hire contractors and they are responsible for all costs and loss of rent. My friend's boyfriend is the smoker. He's been very unresponsible. Not paying on time, spending money instead of paying rent, breaking windows when drunk of condo complex and a DUI with his baby daughter in vehicle. I am pretty certain that his cigarette caused damage.

I don't think I should sign her document saying that she is not responsible for any further damages. I think I have to check to make sure that most contractors will have covered more than a year for warrantee contracting work. And will not charge me, or have lawyer look at the documents before he proceeds. Then if he refuses, to kick them out and cut my losses, get the work done with peace of mind and file a judgement to garnish wages against them. Advice?

Sign NOTHING. You need to be dealing with your insurance company and not the tenants... let your insurance co deal with them.

Your insurance has a subrogation of rights which you can't waive which is what your tenants are trying to get you to do.

My insurance is at a $5000 deductible because of HOA on the condo. The fire damage is less than that. So the insurance company wiill probably not get involved, right? So I probably still have to deal with the tenant myself? What should I do?