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I think I'm in deep doo doo

The TVClubHouse: General Discussions ARCHIVES: 2006 Jun. ~ 2006 Dec.: Free Expressions (ARCHIVES): I think I'm in deep doo doo users admin

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Abbynormal
Member

08-04-2001

Tuesday, June 13, 2006 - 12:55 pm   Edit Post Move Post Delete Post View Post Send Abbynormal a private message Print Post    
Hi, long time no see. Ok, here's the deal. Remember January 2nd my DH caught our kitchen on fire in the apt we rent. The landlords were very kind and told us accidents happen and all that jazz. Toward the end of the week they were really pushing me to hurry and get moved (we moved into a larger way more expensive apt in the same complex) because they said they were eating the $2500.00 deductible. Now let me add here that I do know they made 2 women pay the deductible for not letting their water run when we had a freeze and their pipes burst, requiring extensive repair in at least 3 apts. So anyway, it took them about a month to get the fire apt fixed and re-rented and I have heard it is top of the line stuff. That's nice. So the good people of TVCH sent me a check because I lost everything in my kitchen and I went shopping and it was great and the world was good to me for once.

So, today I got a letter from the apt's insurance company saying that it was determined that the fire was our fault, which we never denied, and it was determined that week by the fire inspector, so we owe the apt's ins. company over $17,000.00 and they'll take that check paid in full within 15 days thank you very much. If we do not have the funds they MAY be willing to settle on a payment plan with us until we get it paid in full.

Can I just say WTF??

I know no one is a lawyer but am I in deep doo doo or not? I could have sworn that is why my apt complex carries insurance. Also, I did not have renters ins at the old apt. So, what do ya'll think? Do I need a lawyer or what?

Also I have a wonderful relationship with the owners of this complex, I have known them personally for 20 years, but business is business. They have already made me sign my lease last week and my old lease is not up until June 30. What if we get into it and I want to move? Or they want me to because I really don't have $17,000.00 or I wouldn't be living here and I really want to tell them to stick their ins paper you know where but I can be classy when called for. Well sometimes.

Dahli
Member

11-27-2000

Tuesday, June 13, 2006 - 1:00 pm   Edit Post Move Post Delete Post View Post Send Dahli a private message Print Post    
Can't really add much except to say... back in the day when I was renting an apartment I had a similar incident when somehow water was left running in my kitchen sink for almost five hours... It flooded my place and caused the ceiling in the suite below to collapse. Counters, floors, carpets etc had to be replaced. It cost me nothing, I had no insurance at the time.

The company that owned the building covered all the expenses pertaining to the structure, I was responsible for my own possessions.

I think they're fishing, but again, I"m no lawyer either.

Maris
Member

03-28-2002

Tuesday, June 13, 2006 - 1:07 pm   Edit Post Move Post Delete Post View Post Send Maris a private message Print Post    
I think they are fishing too. The apartment upstairs leaked into mine and the landlord is fixing it. I have never heard where in a rental you are responsible for damage. I do know that coop owners and condo owners are responsible.

I do have renters insurance and it is worth the money, it only costs about $400/year. you should ask Ginger what the story was with her building. I know there was a big fire in her apartment building and she might know if the people who were responsible for setting it were held responsible

Ginger1218
Member

08-31-2001

Tuesday, June 13, 2006 - 1:12 pm   Edit Post Move Post Delete Post View Post Send Ginger1218 a private message Print Post    
Abby, I can only say that it is not the Landlord that is after you, but their insurance company.
You absolutely should have renters insurance. I could never sleep one night without it. It costs less than $300 per year and you can pay it out.
You will not have to argue with the landlord now but his insurance company. Perhaps there are some people here (lawyers, insurance people, etc. that can give you more guidance). I am so sorry that this is happening to you. Having a fire is torturous enough.

Ginger1218
Member

08-31-2001

Tuesday, June 13, 2006 - 1:14 pm   Edit Post Move Post Delete Post View Post Send Ginger1218 a private message Print Post    
No, the person who was responsible is dead, but his family is not being held responsible.

Seamonkey
Moderator

09-07-2000

Tuesday, June 13, 2006 - 1:16 pm   Edit Post Move Post Delete Post View Post Send Seamonkey a private message Print Post    
I also think they are fishing. I know when I was renting a house and my waterbed heater malfunctioned which caused it to melt through the liner AND then the mattress which then had a slow leak that I discovered when I returned home from a date at 3am. I did pay to have the carpet pulled up and dried and they refused to reimburse for that but when I moved they tried to hit me up for the wooden floor under the carpet AND the carpet (I had lived there long enough for that carpet to be depreciated and written off). They tried to charge me for other situations.

They fished and caught nothing.

Now, I wasn't trying to maintain a relationship with the rental agents, so that wasn't an issue.

I don't know if you need an attorney but right now I don't think they can force you to pay anything.

{{{Abbynormal}}}

eta, and yes I always have renter's (or now owner's) insurance.

Abbynormal
Member

08-04-2001

Tuesday, June 13, 2006 - 1:24 pm   Edit Post Move Post Delete Post View Post Send Abbynormal a private message Print Post    
Thanks ya'll. Yeah, I know it's the ins. co. and not the apt people going after me. I'm just mad right now. The first thing we did was get renters ins when we moved into the new apt, but that is not going to help me with the fire, and we pay almost $600 a year but I think that is because of the fire. I think I am just going to call them tomorrow and tell them to do what they have to do, but I'm not paying. Should I contact the apt owners about it? They haven't contacted me about anything and I would think their ins co. would send them a copy or something. I could be wrong.

ETA: or should I just not do anything, I mean not contact the ins people?

Texannie
Member

07-16-2001

Tuesday, June 13, 2006 - 1:33 pm   Edit Post Move Post Delete Post View Post Send Texannie a private message Print Post    
I would contact an attorney.

Grannyg
Member

05-28-2002

Tuesday, June 13, 2006 - 1:42 pm   Edit Post Move Post Delete Post View Post Send Grannyg a private message Print Post    
(((Abby))) Girl, I have no idea if they would contact the owners but I really don't think they would because as someone else said it's the ins co that is trying to recoop it's money. So the owners probably don't have a clue what's up. I might would talk to them first since they are long time friends and see what they say. They might be able to get the ins co off your back. Cause that's why they pay insurance to cover things just like this. You know when you have a car wreck and the other party has none, your ins will pay but then they try to get the money back from that person at fault with no ins. But that usually is a dead end cause you can't get blood out of a turnip. And sweetie you just tell them in this case you are the turnip. I love you!!!! Need me to come and bring my big ass boots??? I can you know. I probably could round a posse if I need to.

Tabbyking
Member

03-11-2002

Tuesday, June 13, 2006 - 1:58 pm   Edit Post Move Post Delete Post View Post Send Tabbyking a private message Print Post    
when my son moved into his apt in san diego last year, he had to pay renter's insurance for his own items and to cover if he did something like put a fist through a wall or did something 'intentional' to cause damage. the building owner's own insurance covers for fire, water damage, etc. i also believe that the building insurance should cover your accidental fire.
maybe you could call your city management office to ask about insurance on apartments and what is covered by an owner's coverage vs. a renter's coverage. they could at least steer you to who you need to ask. i would call the insurance company back and ask just what it is THEY DO cover. tell them you are not requesting payment for your own belongings, but they should cover the building itself and any damage unless it was damaged INTENTIONALLY.
i think perhaps the owner and insurance company have gotten together and decided that if they can get you to pay, the owner's insurance rates won't go up for receiving payment on a loss. they can just remove the claim...

Tabbyking
Member

03-11-2002

Tuesday, June 13, 2006 - 2:06 pm   Edit Post Move Post Delete Post View Post Send Tabbyking a private message Print Post    
also, if the replacement items were top of the line, were they really necessary to be the expensive appliances, etc? i mean would a roper dishwasher have cost half of what a maytag cost for example? i don't think you should have to pay anything, but if you did, i would refuse to pay above what would have been perfectly adequate replacement items.
at most, i could see maybe paying the deductible, but i really don't even see that.
the owners can write off their costs...

Maris
Member

03-28-2002

Tuesday, June 13, 2006 - 2:22 pm   Edit Post Move Post Delete Post View Post Send Maris a private message Print Post    
I forgot to add, I would absolutely get an attorney and I wouldnt respond to the insurance company at all without consulting with the attorney. I also would not contact the owners or have any conversation about the fire without consulting the attorney. I would certainly stop saying you are responsible and it was your fault. Act in haste, repent in leisure.

Abbynormal
Member

08-04-2001

Tuesday, June 13, 2006 - 3:04 pm   Edit Post Move Post Delete Post View Post Send Abbynormal a private message Print Post    
Ok, talked to my cousin whom is pre-law. I am contacting a lawyer tomorrow just to ask and have also decided not to say anything to the owners at all about it one way or the other. The fire happened Jan 2nd and has not even been brought up by anyone (us or owners) since that first week. But it was our fault and I am not going to lie about it, they took the stove completely apart and proved it anyway. I have not mentioned it to anyone since the first week of the year so I don't get the "stop saying I'm responsible" thing. Do you mean when I talk to the lawyer to deny it? I can't do that and wouldn't do that. That is what I don't understand by your statement. But thank you anyway.

Tabbyking
Member

03-11-2002

Tuesday, June 13, 2006 - 3:12 pm   Edit Post Move Post Delete Post View Post Send Tabbyking a private message Print Post    
you can 'be responsible' and still have it be an accident. unless your dh was drying pot in the oven or intentionally set a fire, it was an accident. even when someone rear ends someone, it's called an accident.
let us know what the attorney says. my only real question to him or her would be about whose insurance covers apartment damage. ask what the owner's insurance covers and take it from there.
good luck, abbynormal. i'll keep my fingers crossed for you!

Spygirl
Board Administrator

04-23-2001

Tuesday, June 13, 2006 - 3:17 pm   Edit Post Move Post Delete Post View Post Send Spygirl a private message Print Post    
Abby, it was an accident. You didn't set the fire, so I'd stay with that language and avoid the word "fault". Good luck! I think this will blow over and be nothing.

Vacanick
Member

07-12-2004

Tuesday, June 13, 2006 - 3:17 pm   Edit Post Move Post Delete Post View Post Send Vacanick a private message Print Post    
Abby, I don't have much to add that hasn't already been said. But I do have a great website ... www.lawyers.com that you should look into to. Go into the "community" and then "message boards". You can type in your question and get lot's of good advise ... and it's free. I've used it many times for family law questions. Good luck!

Texannie
Member

07-16-2001

Tuesday, June 13, 2006 - 3:21 pm   Edit Post Move Post Delete Post View Post Send Texannie a private message Print Post    
Exactly what Spy said. Legally 'at fault' and accident are very different terms. Legally if you are 'at fault' you are possibly liable.
I think it's very smart that you are contacting an attorney.

Mocha
Member

08-12-2001

Tuesday, June 13, 2006 - 3:24 pm   Edit Post Move Post Delete Post View Post Send Mocha a private message Print Post    
(((AbbyN)))

Abbynormal
Member

08-04-2001

Tuesday, June 13, 2006 - 3:32 pm   Edit Post Move Post Delete Post View Post Send Abbynormal a private message Print Post    
Ok I get it now. Duh. Yes it was definately an accident and now that I think of it that is even what I told the ins co when they got their statement from me a couple days after it happened. So good. Sorry to be so slow on the uptake. Thank you again ya'll, I love the clubhouse!

Abby7
Member

07-17-2002

Tuesday, June 13, 2006 - 4:00 pm   Edit Post Move Post Delete Post View Post Send Abby7 a private message Print Post    
abby, did the signed lease on your old apartment specify anything about responsibility in case of fire (if you are at fault)? if it didn't, i would assume you are not responsible. otherwise, you would think the owners/insurance would make it mandatory for you to buy insurance in case something did happen. makes no sense they could think the tenant could pay for an accident.

Urgrace
Member

08-19-2000

Tuesday, June 13, 2006 - 6:59 pm   Edit Post Move Post Delete Post View Post Send Urgrace a private message Print Post    
Abby, why did they "make" you sign a new lease ahead of time? Do you have to give them a 30 day notice or something? Hope you can work it all out and then forget about it. Good luck to you.

Wendo
Member

08-07-2000

Tuesday, June 13, 2006 - 7:11 pm   Edit Post Move Post Delete Post View Post Send Wendo a private message Print Post    
I'm confused; if the fire happened because of their (the apartments) stove, why are they saying you're liable?

And I have to echo everyones comments about renters insurance. For the coverage you receive, it's worth the cost. (Heck, my renters insurance covered my laptop bag theft in Boston; and I live in Chicago!)

Schoolmarm
Member

02-18-2001

Wednesday, June 14, 2006 - 3:27 am   Edit Post Move Post Delete Post View Post Send Schoolmarm a private message Print Post    
I think it's time to take Abby away from all this stress....

Care to squeeze into my suitcase for the European roadtrip?

By the way, I think that they are fishing. Re-read your first lease. Get some renters insurance. Talk to a lawyer, hopefully you will feel better!

Maris
Member

03-28-2002

Wednesday, June 14, 2006 - 7:57 am   Edit Post Move Post Delete Post View Post Send Maris a private message Print Post    
yep but not to add stress, I would also subscribe to a credit reporting service for the short term (three months or so) to monitor your credit and monitor that the Insurance comapny isnt putting something about you being delinquent in paying them while you sort this out. it only costs about $9 a month.

Irishtxgrl
Member

12-07-2005

Wednesday, June 14, 2006 - 11:34 am   Edit Post Move Post Delete Post View Post Send Irishtxgrl a private message Print Post    
You poor thing and this insurance company sounds like a group of underhanded jerks. I hope this all gets worked out!

Dipo
Member

04-23-2002

Wednesday, June 14, 2006 - 2:16 pm   Edit Post Move Post Delete Post View Post Send Dipo a private message Print Post    
didn't the fire department call it an accident and not a deliberately set fire? I think they should know, so the insurance company should talk to them.

Juju2bigdog
Member

10-27-2000

Wednesday, June 14, 2006 - 4:40 pm   Edit Post Move Post Delete Post View Post Send Juju2bigdog a private message Print Post    
Am I wrong in thinking that the purpose of insurance is to cover ACCIDENTS???

Urgrace
Member

08-19-2000

Thursday, June 15, 2006 - 3:28 pm   Edit Post Move Post Delete Post View Post Send Urgrace a private message Print Post    
Don't most insurance companies try to get out of paying? Just hang in there.

Ophiliasgrandma
Member

09-04-2001

Tuesday, June 20, 2006 - 10:44 am   Edit Post Move Post Delete Post View Post Send Ophiliasgrandma a private message Print Post    
How are thing proceeding, Abby?

Stopthemadness
Member

07-15-2005

Tuesday, November 14, 2006 - 2:38 pm   Edit Post Move Post Delete Post View Post Send Stopthemadness a private message Print Post    
Abby, how did this work out? I ask because we had a problem when we lived in an apartment and my husband left the water running and flodded us and the people down stairs. The insurance paid the claim and then did what ALL insurance companies would do they tried to mitigate their losses and get it from you. All I did was goto court and answer their claim in writing that were did not do it on poupose and so was not at fault. I never heard from them again. They try to get the money back and if they get it great, if not they won't put to much effort into getting it. I don't remember how much our claim was for but we messed up 3 floors of apartment!