Submitted by jonorato1 on Tue, 01/17/2012 - 18:33
Hi,
I live in an apartment building in the boston area. the landlord and his son live below me. the landlord's son admittedly left a candle lit and then left the house. at 2am the building went up in flames due to the candle (this is documented in the fire report as well as the son's admittance). the building was a total loss. i lost everything i own. tv's, ipods, even my car keys. i literally don't even have any shoes. i had no renter's insurance so i am completely left with nothing.
can i sue the landlord and/or son due to his negligence in leaving a lit candle unattended? is there any case law for this matter?
Landlord liable for damage to tenant's property
This situation is like any other: If you want to hold a landlord liable for damge to your property, you must show that the landlord was somehow negligent. So, for example, if the son was ten years old and known to enjoy playing with matches, and the landlord negligently left the kid alone in the apartment, then you might have a good argument that the landlord should be responsible for the damage. If the kid is an adult who simply forgot about a candle, then it is more difficult to show that his parent is responsible for your loss.