Asked by user in Illinois. Answered by Enjuris Editors.
If a tenant’s negligence caused a fire in an apartment, the tenant may be liable for the damages. However, before a collection agency could legally seek money from the tenant, the landlord would have to get a judgment (through the court) against the tenant.
If your brother has a judgment against him, there is little he can do at this point other than to work out a payment plan with the collection agency. On the other hand, if your brother does not have a judgment against him, then he should look at whether his insurance will cover the damages.
To sort this out and determine whether a judgment has been entered against your brother, I would recommend having him meet with a landlord-tenant attorney or a debtor’s rights attorney in his area. Keep in mind that it may not make financial sense to pay an attorney to litigate a $5,000 dispute. Nevertheless, most initial consultations are free and your brother should be able to get some clarity by meeting with an attorney.