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Can landlord sue me for damage to apt if cause of fire is undetermined per the fire report?

  
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Can landlord sue me for damage to apt if cause of fire is undetermined per the fire report?

Postby michelangelo » Sun Jul 15, 2012 4:52 am

I had an apt fire a month back. I was at work when the fire happened. By the time I got back to the apt, the fire was controlled and fire dept had left. The damage that I witnessed was one of the hall walls was slightly burned, hall carpet for a small area was burnt, window was broken by fire dept to get in and soot in hall and kitchen. The rental office lady asked me to call insurance but my renter insurance had expired a week back. I told her the same. She told me the fire marshal had written in the report and kept on telling me it was my fault. She asked me to find a new place since they will not re-rent to me again. I returned the apt keys the next day. On the day of the fire and the next day, I moved my stuff out during rental office biz hrs. Since that time and the one month past, I kept on calling them and asking if I could know how much was the damage estimate or if I could get an independent assessor. I was told that the rental people will get it restored and let me know the cost and try to keep it to a min. One and a half month past, I recd. the bill from the rental office (not the insurance) asking me to pay $20,000. The fire started in the hall and was confined to the hall. But the rental ppl have replaced the kitchen equipment, counter tops, cupboards and flooring, hall bathroom medicine cabinet. During all this mess, I had contacted the fire dept and yesterday I recd the copy. Fire report copy states the cause of fire under investigation, source of heat undetermined, human intervention none. Nothing in the report points to my mistake. Is it possible that the landlord took advantage that I'm new to the place (I'm from Srilanka) and did not understand the law? How can I get a copy of the report from the Fire Marshal's office? If the FM report also states the casue of fire as undetermined then is it possible for the landlord or his insurance to sue me? Also, the letter from the rental ppl is on the company letter head but does not have any individual's signature. Thank you for your advice and help!!
michelangelo
 
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Can landlord sue me for damage to apt if cause of fire is undetermined per the fire report?

Postby varik » Sun Jul 15, 2012 4:54 am

If there is no indication that you were at fault, you cannot be sued for the damages.

However, I recommend you speak with an attorney for advice on how to respond.

Note: Her insurance covered it.
varik
 
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Can landlord sue me for damage to apt if cause of fire is undetermined per the fire report?

Postby langford59 » Sun Jul 15, 2012 5:00 am

Sure they can sue you.. they can sue you for anything. Winning is the real trick.....going by what you say they would/have a hard time winning and most likely won't win unless they can prove something.
At this time they have nothing on you.
langford59
 
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Can landlord sue me for damage to apt if cause of fire is undetermined per the fire report?

Postby christie42 » Sun Jul 15, 2012 5:08 am

There are many possibilities here, you need to get some professional help. The first person to call is your renters insurance agent. You might be covered, there's often a grace period. Even if your not covered, he knows the laws in your state and can give you some advice.

The second person to talk to is a lawyer. I think this is complicated enough and it's enough money to be worth a lawyer. You shouldn't have to pay much just for a consultation.

I don't know, so don't go just by what I say. But I don't think your liable at all, and I don't think it matters how the fire started. I think it's the landlords responsibility to have fire insurance, and I think a fire is his problem. And you would be entitled to all your deposit back.

I think the rental office is taking advantage of you. Even if your liable, you wouldn't be liable for all new stuff. A lawyer could easily get that bill reduced to half, maybe less. This is defiantly worth a visit to a lawyer.
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