Hello and welcome! My name is XXXXX XXXXX X will be assisting you. The language in your lease pretty clearly protects you from just such an occurrence as has happened here. The point of requiring the tenant to carry insurance is so that tenant's insurance covers damage to tenant's property. Further, pursuant to the terms of the lease, tenant indemnified you against any issues related to damage to tenant's property. Tenant might be able to argue for you to reimburse in a case of landlord negligence. However, this is clearly an "act of god" and not due to any action or inaction on your part. You also clearly took proper steps to minimize damage and prevent further loss. I would think tenant is responsible for filing its claim and going out-of-pocket for any deductible on tenant's insurance policy. Keep in mind that tenant also personally chose the amount of deductible on its policy, fully aware that at some point a claim might be made and the deductible would have to be covered. As a practical matter, and depending on the amount of the overall dispute, you can attempt to settle by offering some concession. However, it appears that the law is on your side.
They specified landlord negligence in the Warrant of Debt, but they have not told us specifically how we were negligent. Would it be normal for us to request the specifics of that negligence or do we have to request that formally through the court at the Warrant of Debt hearing? It seems that it would help us decide whether to settle or not, right?
With the warrant, you would appear on the return date, deny any of the allegations in the complaint (don't admit to anything!) and then ask the judge to set it for trial.
the plaintiff will then be ordered to file more specific information, which you will have the opportunity to respond to.
This would be the plaintiff's "Bill of Particulars," which will give you better information how to respond with your "Grounds of Defense."
Can I assist you further or did that fully answer your questions?
That fully answered my question. Thank you!
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