The good news is that in Alabama, that contributory negligence may completely bar the landlord from
any recovery against his tenant Madison.
The landlord's insurance company will then look to exercise that right of
recovery against the tenant who is responsible for the fire that caused the damage.
Not exact matches
Pekin v. Murphy held that a lease which clearly shows the parties» intention for one party to accept responsibility for specific damage, the
tenant is not a co-insured under the landlord's policy and therefore subrogation
against the
tenant may proceed, allowing the landlord's insurance company to make a
recovery and keeping rates distributed fairly.
A landlord would be remiss not to require that waiver, in fact If the provisions of the law were applicable to a
tenant who burned the building down, not only would the landlord have no cause of action
against the
tenant, but the landlord's insurance company wouldn't even be able to subrogate
against that
tenant because their only right of
recovery is in the landlord's stead, which he assigned to them when they paid the claim.
The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) abolishes a landlord's ancient right of distress
against his
tenant and in its place introduces a new regime for commercial rent arrears
recovery (CRAR).