The house I'm renting sold in the middle of my lease and the new landlord didn't have the right insurance and their claim was denied?
The neighbor struck the garage doing a lot of damage. He was driving without insurance or a license and has multiple duis.
When my landlord's insurance found out it wasn't owner occupied, they denied his claim.
The landlord is demanding I split the expense of the repairs and threatened that he's being generous and if I don't agree, I'll have to pay all of it.
Should I respond to his letter? Should I hire a lawyer now or wait to see if he sues?
He was planning to move in when he purchased, but has to wait for my lease to expire.
The guy that did it has no job, no license, no insurance etc. And, he's facing jail for yet another dui with one still pending.
- Anonymous8 months ago
Tell the landlord it is between him and the person who did the damage. If he tries to evict you early, fails to make proper repairs, withholds deposit for that specific repair, or sues you for payment, get thee to a lawyer. You should not have to pay. In the meantime, find yourself a new place as soon as possible for when your lease does run out.
- curtisports2Lv 78 months ago
The landlord can demand any damn thing he likes. NO judge would rule that a tenant is responsible for damage caused by a third party with no connection to you. It's the landlord's own damned fault he was either ignorant of or chose to ignore the terms of his insurance policy. You respond to his demand, in writing with proof of delivery. You tell him just what I said - that you are not responsible for damages caused by a third party with no connection to you. You tell him that he knew, or should have known, that his insurance policy did not cover his use of the property as a rental. You tell him that if he sues you, you will vigorously defend yourself and counter-sue him for your full costs of that defense.
If he does sue, then defend yourself. He's going to lose.
- Ron AkiaLv 68 months ago
In renting a house you ae not responsible for the damaged caused by a third party striking the house with their car and damaging it. Your landlord is. Your landlord has the option of filing suit against the neighbor who struck the properry. You should not be involved in any way.
- John AldenLv 78 months ago
You had nothing to do with the damage. He has no claim against you. If he peruses it you may need a lawyer, yes, but a judge would probably tell him he has no case when the facts are presented..
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- SlumlordLv 78 months ago
This isnt your fault and you don't own the property so there is no way you are going to have to pay for this. I wouldn't even bother getting a lawyer at this point, I suspect if he got a lawyer the lawyer wold explain to him that suing you is a waste of time and the lawsuit would never happen. I'd just do nothing, tell him this isn't any of your fault and wait to see if anything more even comes of this, which I doubt.
- linkus86Lv 78 months ago
The smart thing to do is ignore the letter, regardless how much you want to laugh at him for his ludicrous attempt to shake you down. No need to hire a lawyer until you get sued.
- oklatomLv 78 months ago
Tell the landlord you have nothing to do with the cost of the repairs, those are the responsibility of the person who caused the damages, not you but unless fixed he should reduce your rent.
- EvaLv 78 months ago
He doesn't have a leg to stand on. He shouldn't be going after you for the damages, he should be going after the neighbor. A letter from an attorney should set him straight.
- Anonymous8 months ago
Were the police called and is there official documentation that YOU had nothing to do with the damage to the garage? If yes, I'd probably just respond that you were not involved and that this is a dispute between him (owner) and the responsible party (neighbor). No attorney unless he actually sues you.
The only way that I could see him having any kind of case against you is if he claims that you were involved in damaging the property. So that police report is kind of important in protecting you from that kind of claim.
If you feel like the landlord is bullying you to try to get you to move, you might consider proposing a "cash for keys" offer if you're willing to move early. It sounds like this is a situation that would be worth extricating yourself from. And if he's desperate to get you out, that gives you more negotiating power.
- Casey YLv 78 months ago
You owe nothing and he has no basis for any lawsuit. Get yourself a copy of the police report from the original accident for your records.
Dont bother with a lawyer until you receive suit papers...which you will not. No lawyer on the planet would file this, its absurd. How would a tenant be liable for damage caused by a third party? His insurance denying the claim is his deal, not yours...