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unsolved1
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Renters insurance question
« on: Mar 15th, 2006, 10:23pm »
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So my friend has been renting this small place for about a year. She made a dumb mistake and left hot grease unattended and caught the kitchen on fire. $22,000 worth of damage. She had no renters insurance but the house owner had insurance that paid for it. Now the insurance company is sueing her for the $$.
 
Q. Should home owners that rent be required by law to require and include renters insurance in the rental agreement and price ? What do you think ?
 
 
After all, I am required to carry insurance on my truck !!  
 
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Re: Renters insurance question
« Reply #1 on: Mar 15th, 2006, 10:29pm »
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Responsible tenants should carry their own insurance to protect their contents as well as provide them with liability insurance in the event they cause damage to property other than their own or to persons on their premises.
 
If I were a landlord, I'd insist that any prospective tenants show proof of insurance before I'd rent to them.
 
Just my two cents worth and not a commentary on whether your friend was right or wrong.
 
I expect it's obvious that I work in the industry and see this stuff happen way too often.
 
Carol
 
 
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Re: Renters insurance question
« Reply #2 on: Mar 15th, 2006, 11:44pm »
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I believe I was required to have renter's insurance in the one complex I lived in at Penn State.  I think I skipped out on having it when I lived in Philadelphia.  I'm required to have it now, but nobody has ever checked up on it.  I did get it myself quite some time ago.  It was cheap and covers a good amount.  I got it through All-State...
 
I knew it was my responsibility to get it, but if I were a landlord, I would want proof that my tenants had renter's insurance, too.  Especially it's important to stay on top of young people who may not know much about it.  This was the first time I've ever gotten it myself - my dad had taken out policies before when I was in college.
 
Sorry to hear that happened to your friend...
 
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Re: Renters insurance question
« Reply #3 on: Mar 15th, 2006, 11:51pm »
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OHH, I am glad everyone is ok! Pretty scary stuff....and, Michael, I am sorry, but, just as the Auto Insurance companies have the right to subrogate, so do the Homeowner/Landlord Policies have that right.
Switch it around. If your friend's landlord managed to burn down the complex, would not your friend want replacement of belongings???
Sorry Undecided
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Re: Renters insurance question
« Reply #4 on: Mar 16th, 2006, 12:05am »
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on Mar 15th, 2006, 11:51pm, Cathi04 wrote:

Switch it around. If your friend's landlord managed to burn down the complex, would not your friend want replacement of belongings???
Sorry Undecided
Cathi

 
If that was the case, wouldn't the tenant be able to sue for damages and probably win ?
 
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Re: Renters insurance question
« Reply #5 on: Mar 16th, 2006, 12:22am »
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Home owners insurance covers the HOMEOWNERS house and belongings. The renter will not get paid for anything that belonged to the renter. Renters insurance is for the RENTERS belongings. That's what renters insurance is for. NOT to pay for the homeowners stuff. The renter is not required to have insurance, but they won't get paid for anything in the event of a mishap.
 
I can't see how the homeowner can sue this person other than for their deductable. Let us know how this works out, i'm curious to see if they can actually get away with sueing the renter.
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Re: Renters insurance question
« Reply #6 on: Mar 16th, 2006, 12:27am »
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Is it because the renter caused the damage but the homeowner's insurance paid for it?  And now the homeowner's insurance is trying to get that money back?  I don't know how all that really works...
 
I can only rationalize it with no fault car insurance.  Say somebody hits me, and I'm insured but they're not.  I go to the hospital and the hospital takes my auto insurance - my auto insurance pays for my injuries but then will go after the other person.  Normally, they'd duke it out with the other person's insurance company.  But if the person doesn't have auto insurance for some reason, then can my auto insurance company go after them, personally?
 
That's how I'm rationalizing it, anyways...  Make sense?
 
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Re: Renters insurance question
« Reply #7 on: Mar 16th, 2006, 12:33am »
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on Mar 16th, 2006, 12:27am, Lizzie2 wrote:
Is it because the renter caused the damage but the homeowner's insurance paid for it?  And now the homeowner's insurance is trying to get that money back?  
 
Carrie Smiley

 
Exactly what is happening. And this person cannot afford $ 22,000 . It will finacially ruin her. (Not to mention the extra stress it is causing this lady. She is worried that her tax checks will be seized and her wages garneshed. THey probably could do that to her couldn't they ? (I don't know for sure)
 
 
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Re: Renters insurance question
« Reply #8 on: Mar 16th, 2006, 12:35am »
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on Mar 16th, 2006, 12:33am, unsolved1 wrote:

 
Exactly what is happening. And this person cannot afford $ 22,000 . It will finacially ruin her. (Not to mention the extra stress it is causing this lady. She is worried that her tax checks will be seized and her wages garneshed. THey probably could do that to her couldn't they ? (I don't know for sure)
 
 

 
 
That's a good question, and I'd say she needs to get a good lawyer NOW.  Tell her not to agree to anything without representation by an attorney.  Because if nobody stops them, they very well may try to take her for everything.  I don't know the laws on this.  She really needs an attorney who would be able to say exactly what is fair game to be asking for...
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Re: Renters insurance question
« Reply #9 on: Mar 16th, 2006, 7:57am »
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Even if she had renters insurance, it would NOT have covered the damage to her apt./house.  Like the others have said, she really needs to get an attorney.  I don't see how she can be held liable for an accident (although human error caused it).
 
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Re: Renters insurance question
« Reply #10 on: Mar 16th, 2006, 8:23am »
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Quote:
Q. Should home owners that rent be required by law to require and include renters insurance in the rental agreement and price ? What do you think ?  

 
Not if you want to continue to have affordable housing. I work for a large residential property management company. Most of the owners of the properties we manage operate on a shoe string budget already in order to keep the rents low.
 
Example: One of our managed properties is 337 townhouse units of affordable housing. Its owned by the residents in the form of a 501(c) 3 and operated by a resident BoD. If the owners included insurance rates into the rent formular the "affordable" designation would be gone families would be displaced.
 
We encourage all of the households to get rental insurance. Its relatively cheap for the individual renter. If damage is caused by neglectful management then the management company picks up the tab.
 
I believe requiring a resident to have insurance prior to accepting them as a resident in affordable housing is illegal.  
 
Requiring rental insurance in high end condo communities might work but it wont for the single mom with 3 jobs and 3 kids.
« Last Edit: Mar 16th, 2006, 8:29am by chewy » IP Logged
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Re: Renters insurance question
« Reply #11 on: Mar 16th, 2006, 9:51am »
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on Mar 15th, 2006, 10:23pm, unsolved1 wrote:
So my friend has been renting this small place for about a year. She made a dumb mistake and left hot grease unattended and caught the kitchen on fire. $22,000 worth of damage. She had no renters insurance but the house owner had insurance that paid for it. Now the insurance company is sueing her for the $$.
 
Q. Should home owners that rent be required by law to require and include renters insurance in the rental agreement and price ? What do you think ?
 
 
After all, I am required to carry insurance on my truck !!  
 
UNsolved

 
Hi Bro,  
I have a couple clients in the real estate management business, and granted its in Oregon and your state might have different laws.
check the lease to see if it states that she is required to have renters insurance, if it does, she is screwed.
Otherwise, renters are not required to carry the insurance, and even if she had renters insurance, that would only cover her personal belongings and not the structure.  The structure is covered under a different policy.
 
It sucks, but if they are suing her, she will probably have to get an attorney.  There are public service legal firms that deal with stuff like this, in my state there is one called Legal Aid Services of Oregon.
 
Im gonna see a client today that has been in the biz for 60 years, I'll ask him about it.
PF wishes
BMonee
 
 
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Re: Renters insurance question
« Reply #12 on: Mar 16th, 2006, 11:36am »
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I have a house that is leased out. I have complete insurance on the house. I do not require the leasee to have personal insurance. If the leasee burns the house down my insurance company pays me (after I talk to my lawyer).  
If my insurance doesn't pay what I feel is fair I can sue the leasee for it. If I win, good for me. If I have to take their paycheck that is too bad, for them. Don't take it personal, it's just business. If I lose, chalk it up as a cost to do business.
If the leasee did not get insurance to cover their personal loss I say "Tough shit".
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Re: Renters insurance question
« Reply #13 on: Mar 16th, 2006, 1:09pm »
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I agree with Bob G. The owner cannot mandate that the lessee obtain personal property insurance. But if damage to the structure is attributed to the the Lessee, negligence and so forth, the Insurance co. has every right to recover from the lessee. Most likely a judgment and garnished from your check. Just because you rent or lease a property doesn't relieve you of the responsibility to take reasonable care of that property.
« Last Edit: Mar 17th, 2006, 2:51pm by _Lee_ » IP Logged
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Re: Renters insurance question
« Reply #14 on: Mar 16th, 2006, 1:33pm »
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on Mar 16th, 2006, 1:09pm, _Lee_ wrote:
I agree with Bob G. The owner cannot mandate that the lessee obtain personal property insurance. But if damage to the structure is attributed to the the Lessee, negligence ond so forth, the Insurance co. has every right to recover from the lessee. Most likely a judgment and garnished from your check. Just because you rent or lease a property doesn't relieve you of the responsibility to take reasonable care of that property.
                    Right on the money.               Potter
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Re: Renters insurance question
« Reply #15 on: Mar 16th, 2006, 1:55pm »
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I don't think what she did could be considered negligent. I mean clusterheads do shit like that all the time! If most of us didn't have babysitters we would be clogging up the court system. I hope she makes out ok.
 
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Re: Renters insurance question
« Reply #16 on: Mar 16th, 2006, 2:02pm »
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Not that I don't feel for your friends plight, but if someone is irresponsible enough to leave grease unattended on a stove, they deserve to be billed for the damage they did.
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Re: Renters insurance question
« Reply #17 on: Mar 16th, 2006, 2:52pm »
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 It doesn't matter to the insurance company. It's their loss and they will try to recoup it. Plus they got young lawyers on staff just doin nothin.        Potter
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Re: Renters insurance question
« Reply #18 on: Mar 16th, 2006, 2:54pm »
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Would paying the damage deposit not release them from further liability ?
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Re: Renters insurance question
« Reply #19 on: Mar 16th, 2006, 3:17pm »
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on Mar 16th, 2006, 2:02pm, imnotbub wrote:
Not that I don't feel for your friends plight, but if someone is irresponsible enough to leave grease unattended on a stove, they deserve to be billed for the damage they did.

 
I hope you never accidently leave grease on your stove. According to you, the insurance company that you pay premiums to should not have to pay for your accident.  Wink
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Re: Renters insurance question
« Reply #20 on: Mar 16th, 2006, 3:28pm »
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on Mar 16th, 2006, 2:54pm, unsolved1 wrote:
Would paying the damage deposit not release them from further liability ?
           Brilliant but all the insurance company wants is the money they lost in the fire.          Potter
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Re: Renters insurance question
« Reply #21 on: Mar 16th, 2006, 4:55pm »
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The owner cannot mandate that the lessee obtain personal property insurance.

 
I checked with our attorneys.
 
Under the federal Fair Housing statutes is would be considered discriminatory practice.
« Last Edit: Mar 16th, 2006, 4:56pm by chewy » IP Logged
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Re: Renters insurance question
« Reply #22 on: Mar 16th, 2006, 4:58pm »
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my house burned in 2000 from a short in my coffee pot, my insurance company sued the manufacturer to recover their loss. I have to admit though, State Farm took very good care of me, no hassles at all.
 
 
BTW Renters insurance would only cover the contents of the house, not damage to the structure of the building.
« Last Edit: Mar 16th, 2006, 5:02pm by Mattchew » IP Logged
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Re: Renters insurance question
« Reply #23 on: Mar 16th, 2006, 5:04pm »
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on Mar 16th, 2006, 4:55pm, chewy wrote:

 
I checked with our attorneys.
 
Under the federal Fair Housing statutes is would be considered discriminatory practice.

 
WRONG.  First we are not talking about a Protected Class, and two it could only be discriminatory if it were not required of everybody and if it were not then why? Lastly there is a difference in the laws between apartments, mobile homes, private homes things like that.  If it is a personal home the land lord actually has more rights and can request more. You could get insurance to cover you in ther event that you do something to damage the property however, if the land lord were to require it most people would just go someplace else where it was not required.  Just FYI and completly off topic Did you know that you can legally not rent to homosexual individuals or couples specifically on those grounds.   (I HAVE NOTHING AGAINST HOMOSEXUALS)  I was in property managment and had to attend several legal classes.
 
Suffice to say if you damage someone elses property if you can afford it or not, accident or not you are responsible.  It sucks and could happen to anyone of us.
« Last Edit: Mar 16th, 2006, 5:19pm by mynm156 » IP Logged

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Re: Renters insurance question
« Reply #24 on: Mar 16th, 2006, 5:17pm »
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on Mar 16th, 2006, 5:04pm, mynm156 wrote:

 
 Suffice to say if you damage someone elses property if you can afford it or not, accident or not you are responsible.  It sucks and could happen to anyone of us.
                             And that's why we buy insurance,It's an adult thing.   Potter
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