Rent it Right
Rent it Right
Q: Our tenant passed away and left us with a house full of personal belongings. What are our legal obligations regarding all of this property? --Mary R.
A: The tenant's personal belongings should be given only to someone with legal authority. Just who that person is depends on the size of your tenant's estate and whether he left a will or other estate planning document. Here are the options:
If someone shows up and claims to have the right to the tenant's belongings, how can you make sure that this person is, in fact, entitled to the items? Ask for a current picture ID and a legal document (one of those listed above) conferring authority.
Q: My landlord is charging me the cost of replacing the stove in my apartment after it accidentally caught on fire last week. Isn't that something that the owner should replace at his own expense, because he owns the appliance and already has insurance that covers for accidents like the one that happened? --Bassam F.
A: The key to answering your question lies in what you mean by "accidentally caught fire." Who caused the accident? Either you (or another resident or guest) accidentally caused the fire, or the stove malfunctioned due to no act of yours.
Let's look at the first possibility: While cooking, you did something that accidentally caused a fire. When people accidentally cause damage to other people's belongings, they are financially responsible, regardless of whether the other party has insurance to cover the loss.
The landlord's property policy covers damage to the structure due to fire, and also damage to specified contents. If the landlord owns the stove, chances are it's covered. But think for a minute about what will happen if the landlord makes a claim on his policy: The insurance company will cover, but there's a deductible, which the landlord will have to pay. Even if he demands that you reimburse him, which he'd be within his rights to do, he will have made a claim, which is something that people don't like to do unless they have to. It's far better to simply demand that you pay upfront for the consequences of your carelessness.
On the other hand, if the fire is the result of no act of yours, but simply the consequence of a faulty or worn-out piece of equipment, making you pay is not right. Landlords pay for upkeep that isn't the fault of tenants, not tenants.
Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at firstname.lastname@example.org.
|Contact Janet Portman:|
|Letter to the Editor|
What's Your Home Worth?
Best of real estate tech: June 2015