cleanup cost

[amy88]

Hi,

My basement was flooded. When we tried to move things around, one of landlord’s items fell off the ground and hit the heating oil pipe and it caused the oil spill. We contacted the landlord and he had professional oil cleaning company cleaned up the same day. Currently both my rental insurance and the landlord’s homeowner insurance won’t pay for the clean up cost (it’s very expensive). My insurance company told me that the landlord should have landlord insurance (like DP3) to cover the cost, the landlord may have wrong type of insurance. My question is: Is it my responsibility to pay the cleanup cost? – My insurance company said it should not.

Thank you very much for your advice.

Amy

 

[Banned_Princess]

Kinda your fault. see if he will split the cost with you.

 

[John_DFW]

Kinda your fault. see if he will split the cost with you.

This is a fair solution, but the landlords failure to obtain proper insurance is not the tenants problem. From a legal standpoint, tenant could inform landlord or landlords insurance to deal with this issue directly with the renters insurance. Tenant could lose security deposit and be sued for damages (or renters insurer sued)

 

[amy88]

Thanks Banned_Princess.

Is there a regulation requiring landlord to carry landlord insurance? My landlord said his insurance company would pay the cost if he was in the house.

Thanks

 

[Banned_Princess]

Thanks Banned_Princess.

Is there a regulation requiring landlord to carry landlord insurance? My landlord said his insurance company would pay the cost if he was in the house.

Thanks

Only a mortgage company requires insurance to be maintained. no government agency does. so no he isnt required to cover himself unless it is for the mtg co.

he had the wrong coverage, now he has to pay out of pocket. and since its your fault too, you should settle with him for 1/2 the cost.

 

[amy88]

My landlord agreed to split the cost and also agreed to sign a liability waiver when I give him the payment.

I wrote the following statement and want to know if it sounds correctly. Please help me to edit it.

….By accepting my payment, you hereby waived any liability of this instance that may cause to your property for me and my family members.


Thank you. I appreciate your help.


Amy

 

[Who's Liable?]

My landlord agreed to split the cost and also agreed to sign a liability waiver when I give him the payment.

I wrote the following statement and want to know if it sounds correctly. Please help me to edit it.

….By accepting my payment, you hereby waived any liability of this instance that may cause to your property for me and my family members.


Thank you. I appreciate your help.


Amy

This makes no sense.

What are you trying to do?

 

[Searchertwin]

Hi,

My basement was flooded. When we tried to move things around, one of landlord’s items fell off the ground and hit the heating oil pipe and it caused the oil spill. We contacted the landlord and he had professional oil cleaning company cleaned up the same day. Currently both my rental insurance and the landlord’s homeowner insurance won’t pay for the clean up cost (it’s very expensive). My insurance company told me that the landlord should have landlord insurance (like DP3) to cover the cost, the landlord may have wrong type of insurance. My question is: Is it my responsibility to pay the cleanup cost? – My insurance company said it should not.

Thank you very much for your advice.

Amy

As a LL, I can go both ways. 1) If the item that fell belong to you, would you expect LL to pay? NO
2) Were you aware of the item belonging to the LL? Yes
3) Knowing this, you accepted the responsibility to take care of the item.
4) Knowing this, you accepted the responsibility of any damages that
is caused by said item.
5) If said item of LL gets destroyed, you would be liable.
The only way that LL should pay half, is if you were not aware of item and you do not take responsibility. Does anywhere in lease states that LL would store items? Did you sign the lease with that part in it? If it is and you sign, than the responsibility falls in your lap. Never sign anything that makes you aware of items not belonging to you or you would take care of it.
If there is nothing in the lease that states anything about storage of LL items, than you should not be held liable.

But in this case, the LL is being fair. He is going to share the cost. I would also share the cost, some LL wouldn't with that part added to lease.

 

[amy88]

I want to him to sign a liability waiver but not sure how to write a waiver.

 

[Searchertwin]

My landlord agreed to split the cost and also agreed to sign a liability waiver when I give him the payment.

I wrote the following statement and want to know if it sounds correctly. Please help me to edit it.

….By accepting my payment, you hereby waived any liability of this instance that may cause to your property for me and my family members.


Thank you. I appreciate your help.


Amy

No, this statement does not make sense. Clearly specify "instance" and instead of cause use " damages that may arises," instead of me and family members, use your names. Put amount of the share you are paying. Add dates. There are a lot more that you could add, but you really need a lawyer to provide the correct wording. I just wanted to help get you started.
I don't think you really need to go overboard on his acceptance. Keep it simple and precise as indicated above.

 

[amy88]

Thank you very much searchertwin!