Can a landlord sue for an exterior fire just because tenant is a smoker and it appears to have started by a cigarette?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord sue for an exterior fire just because tenant is a smoker and it appears to have started by a cigarette?
The tenant is not the only smoker in the building and fire investigator says no butt was found where the fire started.
Asked on June 30, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
He can sue, in that he can certainly file a lawsuit, and he may be able to, depending on how he states his claim, survive an initial motion to dismiss. However, to win the lawsuit, he would have to prove by a preponderance of the evidence (more likely than not) that his smoker caused this fire, which seems unlikely, unless he gets some eyewitness testimony (e.g. other tenants testifying that they saw this tenant flick a still-lit butt into the spot were the fire started).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.