[jlmoretti]

I recently had a fire in my apartment. I was told by the owner of the property that their insurance company is going to sue me for repayment of the damages. What are my rights as a tenant? Can they really sue me?

[J_9]

All depends on the cause of the fire. Did you have renter's insurance?

If the cause of the fire has been deemed to be your fault, the insurace company will reimburse the owner and then go after you to reapy them in what is called a subrogation claim.

The important part here is the cause of the fire. Make sure that there is an investigation if it is not your fault. If it is faulty electricity (within the walls and whatnot) or something similar the chance is slim that they will come back to you.

But a pot of beans left on the stove and you left your house, or obvious accelerant, yes they most certainly can file a subrogation claim.

[RickJ]

It is not uncommon for an insurance company to sue the other party if there is good evidence that the other party was at fault.

Remember, anyone can sue anyone else for just about anything. It has nothing to do with tenants rights.

My guess is that if negligence or criminal activity can be proven, then you'd potentially be on the losing end of the suit if they do file...

All you can do is wait and see. If you do get notice of a suit, though, don't try to defend yourself alone. Get an attorney immediately.

[excon]

Hello jl:

You betcha they can sue you, and if you were negligent, you'll lose.

excon