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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85374
Experience:  Lawyer
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I co signed a lease for my future son in law. They has a fire

Resolved Question:

I co signed a lease for my future son in law. They has a fire in the apartment with no insurance coverage. Am I responsible for the damages being the co-signor.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

It is possible their insurance company will sue you and your future son-in-law.

It will depend on the facts and what the cause of the fire was.

If your son-in-law was not negligent they may not sue.

But if he was obliged to have his own insurance and did not then that could be a reason for them to sue as well.

The owner has a duty to mitigate his damages and so does the insurance company.

So if you are sued you can show that you are not to blame and that as well, your husband was willing to make all the repairs for free and this is his line of work and the Court may very well say that they owner or insurance company should have given you this opportunity.

But, check with your home insurers. You may be covered by this insurance. My home insurance covers my kids who are renting apartments and are away at school. So if your daughter lives there you may be OK.

I am sorry this happened to you.

Let me know if you need any further clarification.
Customer: replied 10 months ago.


My son in law was negligent. My husband estimated damages of $11000.00. The insurance says $50000.00 with $5000.00 deductible.


There was nothing in the lease about having insurance. In fact the property maintenance man does not have insurance. Since this fire there has been a memo posted to all in the building that they must have insurance.


 


This happened the first week of August and they have not been able to live in the apartment but have continued to pay rent. My daughter spoke to the property manager today and she advised her to give 30 days notice to move out. Is this the right thing to do?


Do you think my son in law should try going through his parents house insurance? The children are not students.

Expert:  Legal Ease replied 10 months ago.
If they are independent adults who have moved out permanently then the home insurance will not cover this.

It may be that the landlord will ask your son-in-law to cover the deductible.

But your husband should make notes about what needs to be done and the costs so that if you end up in Court then he will have evidence about what the costs could have been.

I don't know what is best in terms of the rent and moving out.

If your husband is sued the lost rent will be added to the claim.

It may be best for a lawyer to write the landlord indicating that your husband had offered to do all the work for free and so no one can now be held liable for damages.

Your husband can contact the Law Society and use their Lawyer Referral Service. He will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)
Customer: replied 10 months ago.


Since I co-signed do I understand that they can also sue my husband and his business for reimbursment or is it just me?


 


Will they sue my son in law as he is the primary person on the lease and me secondary?


 


Can my son in law and daughter be evicted for this. They have not defaulted on their rent.


 

Expert:  Legal Ease replied 10 months ago.
Sorry. I made an error. I thought for a moment it was your husband that signed.

Only you could be sued or held liable.

The would sue you both.

They can be evicted because they caused all this damage and it was due to negligence.
Customer: replied 10 months ago.


Can I contact you by phone to discuss this?

Expert:  Legal Ease replied 10 months ago.
Unfortunately we are not permitted to have direct contact with the customers.

But if you use the lawyer referral service, as I suggested above, you may be able to have a consultation over the phone with a lawyer.
Customer: replied 10 months ago.


Can you write a letter on my and my son in laws behalf?

Expert:  Legal Ease replied 10 months ago.
I am not allowed to do anything like that which is why I suggested that you use the referral service.

I can only provide legal information but I cannot act for or have any contact except by posting over the site like we are doing now.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85374
Experience: Lawyer
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