QUESTION
Am I responsible for the damages of a fire?
Asked on Apr 09th, 2016 on Landlord and Tenant Law - Washington
More details to this question:
A guest in my unit caused a fire with the barbecue by putting ashes that were still had one part hot (unknowingly) into a paper bag and it caught the deck on fire and part of the outside wall separating the decks of the units. The fire department said the deck was already unsafe prior to the fire and needed to be replaced. I live in wa. Will the landlords insurance cover the fire damage and i will only be responsible for the deductable or the total damage which ever is less? Side note my lease says "tenants will be charged if fire is caused by barbecue". No specified amount like total damages.
1 ANSWER
Land Use Attorney serving Tacoma, WA
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The lease will definitely determine liability. Recent court cases have determined that a tenant is considered an additional insured on a landlord's insurance policy and covered by it unless the lease provides otherwise. The rationale is that premiums were included as part of the rent. However, if the lease specifically says that the landlord's insurance does not cover the tenant, then the tenant may be liable to the insurance company for subrogation purposes. If the tenant, or guest, caused the fire, as you describe here, that may also raise additional liability and coverage issues. This might not be covered by an insurance policy, leaving you liable for the damages caused. If you have renters insurance, that may help.
Answered on May 11th, 2016 at 6:33 PM