Renters Liability in Case of Liability Claims for Property Damage or Fire
"The truth is anyone can sue anyone for anything.  So yes you could be sued, but the more important part to measure is the probability of success.   While this is probably more of a legal stack exchange question, in order for a successful suit there has to be proven at least some negligence on your part in the situation you cite.  The very fact that the landlord is not willing to turn on the heat is probably enough to absolve you from any liability.  Once you go down to a local store and purchase a UL certified heater then a suit would have a very low probability of success.   Perhaps a case could be made if you made your own heater and it burned down the house.  But that would require finding a jury that is sympathetic to landlords that will not provide heat for their tenants (highly unlikely). Could the landlord sue the heater company?  Yes and would likely receive an out of court settlement.   Even in the case that liability can be proven on your part, it is very unlikely you would be targeted.  These type of suits target ""deep pockets"" or those with wealth.  Unless something is specifically known about you having a high level of net worth a civil suit will not be brought against a ""room renter"" because of the lack of funds.  People in your demographic tend not to have a lot of money.  (No offense intended, I was there myself once.)  In the case that you do have a high net worth, then get renters insurance and possibly an umbrella policy.  It is a small price to pay to protect a significant amount of assets.   If I was in your shoes here is what I would do:" "According to US News, renter's insurance does cover liability as well as your own belongings.  They list this as one of four ""myths"" often promulgated about renter's insurance.  This is backed up by esurance.com, which explicitly mentions ""Property damage to others"" as covered.  Nationwide Insurance says that renter's insurance covers ""Personal liability insurance for renters"" and ""Personal umbrella liability insurance"".  Those were the first three working links for ""what does renters insurance cover"" on Google.   In short, while it is possible that you currently have a different kind of coverage, this is not a limitation of renter's insurance per se.  It could be a limitation in your current coverage.  You may be able to simply change your coverage with your current provider.  Or switch providers.  Or you may already be covered.   Note that renter's insurance does not cover the building against general damage, e.g. tornado or a fire spreading from an adjacent building.  It is specific to covering things that you caused.  This may be the cause of the confusion, as some sources say that it doesn't cover anything in the building.  That's generally not true.  It usually covers all your liability except for specific exceptions (e.g. waterbed insurance is often extra)."
It actually depends on the services provided. If you're renting through AirBnB, you're likely to provide much more services to the tenants than a traditional rental. It may raise it to a level when it is no longer a passive activity. See here, for starters: Providing substantial services.   If you provide substantial services   that are primarily for your tenant's convenience, such as regular   cleaning, changing linen, or maid service, you report your rental   income and expenses on Schedule C (Form 1040), Profit or Loss From   Business, or Schedule C-EZ (Form 1040), Net Profit From Business. Use   Form 1065, U.S. Return of Partnership Income, if your rental activity   is a partnership (including a partnership with your spouse unless it   is a qualified joint venture). Substantial services do not include the   furnishing of heat and light, cleaning of public areas, trash   collection, etc. For information, see Publication 334, Tax Guide for   Small Business. Also, you may have to pay self-employment tax on your   rental income using Schedule SE (Form 1040), Self-Employment Tax. For   a discussion of “substantial services,” see Real Estate Rents in   Publication 334, chapter 5 If your property has been affected by the disaster of fire or smoke damage, it is important for you to have a specialist who can handle your entire situation from initial damage assessment to decontamination to rebuild. Our experience and certifications give us an edge over our competitors. http://www.securerestorationfla.com/fire_smoke_damage.php It all boils down to this: If you don't have a record of what you own before a fire happens, you can't get it after the fire happens. The more records you have, the better.  Proof of sales price.  Proof of authenticity.  Condition.  Quantity.  If you have to prove value, you'll be glad you have the records. It makes sense also to see what kind of things are not covered.  Is art covered?  How about coins or jewelry?  A stamp collection?  Antiques?  If replacing these kinds of things is important to you, then make sure you (a) have insurance for it, and (b) can demonstrate its value with your records (purchase receipt, appraisal, etc.) You're not responsible for the mortgages on the property - those are agreements between the lender and the borrower. The risk you have is that the title search missed something.  If the seller (i.e., the bank or banks who foreclosed) did not have full rights to sell the property, and there was another party who had a lien on the property or had an interest in it in some fashion, that party could make a claim that would interfere with your purchase.  You wouldn't be responsible for the loan, but you might not end up with the title to the property if that happened. What you are doing is unethical and illegal but is very hard to catch and prosecute. The key thing for an unethical person to think about here is insurance.  For most government incentive programs you have to have the intention to live there. It is extremely hard to prove intent - unless you ask this question under your name on a public forum that is archived by many search engines and maintains a log of all changes.  For other folks, it is common for them to claim that they intended to take residence but were surprised that their finances didn't work the way they anticipated. Still, as long as the bank is paid, it is unlikely that they will investigate. However, what happens if there is a major repair needed? You have insurance -  because your bank has asked for proof of insurance before they will give a mortgage. That insurance is for an owner occupied building, which you do not have.  Your insurance will inspect your claim. If the circumstances do not match what you are insured for because you have lied to the insurance company, they will not pay your claim - which they are entitled to do.  You are operating uninsured with tenants. This is a hidden risk you may not be considering. Tenants do not treat property with the same care as an owner - this is why they are insured differently. You are now paying for insurance that you will have a difficult time ever filing a claim on.   In addition, if something were to happen that makes it time to claim the insurance value so that you can pay off the mortgage, the insurance company will investigate. They may very easily refuse to pay your fraudulent claim. They may refer you to the police for insurance fraud. The bank will want their money. If they discover that you were not occupying the property, they may just foreclose.  They may also notify the government that you were not occupying the property, at which point some one might search and find that you were showing intent to defraud the program out of money that is free for you but gotten through deception. Consider a less risky unethical path like telling people you've been locked out of your car and just need a little money to pay the locksmith to open it. You promise to pay them right back once you get in your car where your wallet is. Then take their money and go find another sucker. It's ethically equivalent and you are much less likely to go to jail. However you have to face the people you are deceiving for money, so you may feel less comfortable.  Good luck making your decisions! I wish this was the case in Canada.  I lost about 60k on my home in one year and have to sell now to move for work.    In the US I could simply default and the bank takes the loss.  In Canada if I default, CMHC pays the bank, then I'm sued by CMHC and stuck with the bad debt.    Simply put - here the onus of repayment is on the lender, not the lending institution.  It sounds good until you are the one looking at losing your shirt. In the rental application you are giving them express consent to check up on your credit and employment history for verification, you must be honest with them, if you have had no income for the last say 6 months then you have simply had no income. If you are worried about it, you can supply them with a longer history if it will help your situation, they may also call your employer to see that you will be returning to work or again receiving some sort of income. But also as stated, talk to the property manager, they can work both ways in either helping or not helping you. Carnegie Mellon University (CMU) and the University of Pittsburgh (Pitt) have different end of term dates but by less than a month.  Both have summer sessions, but most students do not stay over the summer.  You can rent over the summer, but prices fall by a lot.  Thirty to forty thousand students leave over the summer between the two.  Only ten to twenty thousand remain throughout the year and not all of those are in Oakland (the neighborhood in Pittsburgh where the universities are located).  So many of the landlords in Oakland have the same problem.  Your competitors will cut their rates to try to get some rent for the summer months.   This also means that you have to handle eight, nine, and three month leases rather than year long and certainly not multiyear leases.  You're right that you don't have to buy the latest appliances or the best finishes, but you still have to replace broken windows and doors.  Also, the appliances and plumbing need to mostly work.  The furnace needs to produce heat and distribute it.  If there is mold or mildew, you will have to take care of it.  You can't rely on the students doing so.  So you have to thoroughly clean the premises between tenants.   Students may leave over winter break.  If there are problems, the pipes may freeze and burst, etc.  Since they're not there, they won't let you know when things break.   Students drop out during the term and move out.  You probably won't be able to replace them when that happens.  If you have three people in two bedrooms, two of them may be in a romantic relationship.  Romantic relationships among twenty-year olds end frequently.  Your three people drops back to two.  Your recourse in that case is to evict the remaining tenants and sue for breach of contract.  But if you do that, you may not replace the tenants until a new term starts.  Better might be to sue the one who left and accept the lower rent from the other two.  But you likely won't get the entire rent amount for the remainder of the lease.  Suing an impoverished student is not the road to riches.   Pittsburgh is expected to have a 6.1% increase in house prices which almost all of it is going to be pure profit. I don't know specifically about Pittsburgh, but in the national market, housing prices are about where they were in 2004.  Prices were flat to increasing from 2004 to 2007 and then fell sharply from 2007 to 2009, were flat to decreasing from 2009 to 2012, and have increased the last few years.  Price to rent ratios are as high now as in 2003 and higher than they were the twenty years before that.  Maybe prices do increase.  Or maybe we hit a new 20% decrease.  I would not rely on this for profit.  It's great if you get it, but unreliable.   I wouldn't rely on estimates for middle class homes to apply to what are essentially slum apartments.  A 6% average may be a 15% increase in one place and a 3% decrease in another.  The nice homes with the new appliances and the fancy finishes may get the 15% increase.  The rundown houses in a block where students party past 2 AM may get no increase.   Both the city of Pittsburgh and the county of Allegheny charge property taxes.  Schools and libraries charge separate taxes.  The city provides a worksheet that estimates $2860 in taxes on a $125,000 property.  It doesn't sound like you would be eligible for homestead or senior tax relief.  Realtors should be able to tell you the current assessment and taxes on the properties that they are selling you.   You should be able to call a local insurance agent to find out what kinds of insurance are available to landlords.  There is also renter's insurance which is paid by the tenant.  Some landlords require that tenants show proof of insurance before renting.  Not sure how common that is in student housing. There are probably specific laws that control landlord/tenant rent disputes. But your friend's argument assumes that there aren't. Let's assume that there aren't. So there are two possibilities. Either the contract directly addresses this issue or it doesn't. If the contract directly and specifically addresses this issue, then that controls. Your friend is not claiming that it is specifically addressed. So the general principle is this -- when something occurs within a contract that wasn't explicitly discussed by the parties, courts will try to figure out what the parties likely would have agreed to had they discussed the specific issue (without changing the agreed terms of the contract). This should produce the result that is fair to both parties. Your friend is arguing then that had he and the landlord discussed the issue, the landlord would have agreed that in the event he is no longer able to accept credit cards easily, your friend could live there rent free. That doesn't seem right to me. Does it seem right to you? Much more likely they would have agreed that he might have some leeway to work out a new payment scheme and maybe some late rent should be forgiven if he made an attempt to pay on time but couldn't make arrangements. But I don't see more than that being reasonable. May want to post in /r/landlord but stains on carpet are not normal wear and tear.   When you say hanging things left holes in the wall do you mean small picture nails, larger holes from toggle bolts, or holes from mounting a tv bracket?  Picture nail are normal wear and tear, the others are not.   If they are repairing homes in the wall then there will also be painting charges. If the have stains on the carpet and it wasn't that old then the price isn't bad. The basis of homeowner's insurance pricing is the AOI, or Amount of Insurance.  This pertains to the cost to rebuild the dwelling in the event of a total loss.  The standard coverages (e.g., contents, loss of use, medical payments, liability) are calculated relative to this amount.  Consequently, the AOI is selected by appraising the value of the dwelling.  This is why it is important that if parts of the dwelling are upgraded, that the cost of those upgrades are taken into account. The question is not one of denying claims should a loss occur, unless the nature of the upgrade is such that policy should not have been underwritten in the first place.  (This can happen if, for example, the homeowner builds an extension onto the house that damages the structural integrity of the dwelling.) In the end, the AOI is still just an estimate, but the takeaway is that, like scheduled personal property, jewelry, rare collectibles, or other endorsements, every home (and homeowner) has slightly different insurance needs, and it is in your interest to tailor your coverage to be as accurate as possible in reflecting your needs.  Insurance is not a one-size-fits-all product; consequently, the selection of sufficient coverage for your mix of risks is only prudent.  Now, if after you get a quote back and you find that the premium is too high, you can typically select a deductible that can reduce it, but you have to consider what amount of exposure you are willing to retain.  You should shop around, too:  different insurers use different methods and criteria to price their products, so even if the coverage is substantially similar, the premiums may vary:  for example, some insurers ask whether you own a dog (exposure to liability claims), but others do not.  Some insurers put more weight on your dwelling's geographic location (exposure to fire, theft, wind/hail) than others. "Several, actually: Maintenance costs. As landlord, you are liable for maintaining the basic systems of the dwelling - structure, electrical, plumbing, HVAC. On top of that, you typically also have to maintain anything that comes with the space, so if you're including appliances like a W/D or fridge, if they crap out you could spend a months' rent or more replacing them. You are also required to keep the property up to city codes as far as groundskeeping unless you specifically assign those responsibilities to your tenant (and in some states you are not allowed to do so, and in many cases renters expect groundskeeping to come out of their rent one way or the other). Failure to do these things can put you in danger of giving your tenant a free out on the lease contract, and even expose you to civil and criminal penalties if you're running a real slum. Escrow payments. The combination of property tax and homeowner's insurance usually doubles the monthly housing payment over principal and interest, and that's if you got a mortgage for 20% down. Also, because this is not your primary residence, it's ineligible for Homestead Act exemptions (where available; states like Texas are considering extending Homestead exemptions to landlords, with the expectation it will trickle down to renters), however mortgage interest and state taxes do count as ""rental expenses"" and can be deducted on Schedule C as ordinary business expenses offsetting revenues. Income tax. The money you make in rent on this property is taxable as self-employment income tax; you're effectively running a sole proprietorship real-estate management company, so not only does any profit (you are allowed to deduct maintenance and administrative costs from the rent revenues) get added to whatever you make in salary at your day job, you're also liable for the full employee and employer portions of Medicare/Medicaid/SS taxes. You are, however, also allowed to depreciate the property over its expected life and deduct depreciation; the life of a house is pretty long, and if you depreciate more than the house's actual loss of value, you take a huge hit if/when you sell because any amount of the sale price above the depreciated price of the house is a capital gain (though, it can work to your advantage by depreciating the maximum allowable to reduce ordinary income, then paying lower capital gains rates on the sale).  Legal costs. The rental agreement typically has to be drafted by a lawyer in order to avoid things that can cause the entire contract to be thrown out (though there are boilerplate contracts available from state landlords' associations). This will cost you a few hundred dollars up front and to update it every few years. It is deductible as an ordinary expense. Advertising. Putting up a ""For Rent"" sign out front is typically just the tip of the iceberg. Online and print ads, an ad agency, these things cost money. It's deductible as an ordinary expense. Add this all up and you may end up losing money in the first year you rent the property, when legal, advertising, initial maintenance/purchases to get the place tenant-ready, etc are first spent; deduct it properly and it'll save you some taxes, but you better have the nest egg to cover these things on top of everything your lender will expect you to bring to closing (assuming you don't have $100k+ lying around to buy the house in cash)." Houses burn down a lot more frequently than banks fail. Also, I'll bet the odds that FDIC will insure the loss of money in a bank is much higher than the odds of a homeowner's policy believing a huge pile of cash burned up in your house AND even then your policy probably wouldn't have coverage limits high enough to reimburse you for substantial cash losses. Oh yeah, then there is theft, floods,etc. The biggest danger is that routine inflation will eat up that money faster than the rats in the basement. Now, having some cash for a small emergency on hand isn't a terrible idea, but using your closet as a personal bank doesn't seem very smart. "The value of getting into the landlord business -- or any other business -- depends on circumstances at the time. How much will it cost you to buy the property? How much can you reasonably expect to collect in rent? How easy or difficult is it to find a tenant? Etc. I owned a rental property for about ten years and I lost a bundle of money on it. Things people often don't consider when calculating likely rental income are: There will be times when you have no tenant. Someone moves out and you don't always find a new tenant right away. Maintenance. There's always something that the tenant expects you to fix. Tenants aren't likely to take as good a care of the property as someone who owned it would. And while a homeowner might fix little things himself, like a broken light switch or doorknob, the tenant expects the landlord to fix such things. If you live nearby and have the time and ability to do minor maintenance, this may be no big deal. If you have to call a professional, this can get very expensive very quickly. Like for example, I once had a tenant complain that the water heater wasn't working. I called a plumber. He found that the knob on the water heater was set to ""low"". So he turned it up. He charged me, I think it was $200. I can't really complain about the charge. He had to drive to the property, figure out that that was all the problem was, turn the knob, and then verify that that really solved the problem. Tenants don't always pay the rent on time, or at all. I had several tenants who apparently saw the rent as something optional, to be paid if they had money left over that they couldn't think of anything better to do with. You may get bad tenants who destroy the place. I had one tenant who did $10,000 worth of damage. That include six inches deep of trash all over the house that had to be cleared out, rotting food all over, excrement smeared on walls, holes in the walls, and many things broken. I thought it was disgusting just to have to go in to clean it up, I can't imagine living like that, but whatever. Depending on the laws in your area, it may be very difficult to kick out a bad tenant. In my case, I had to evict two tenants, and it took about three months each time to go through the legal process. On the slip side, the big advantage to owning real estate is that once you pay it off, you own it and can continue to collect rent. And as most currencies in the world are subject to inflation, the rent you can charge will normally go up while your mortgage payments are constant." The millionaires I know, all got rich because they got lucky. And when I had a million, I got that mostly by luck as well. I had to take some risks, and people said I was absolutely mad, but I stuck to my guns.   Most millionaires are rich because of luck. But very few of them will admit it. Preferring to think that skill, effort and business acumen got them there. Nope. It was luck.