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Legal question...The apartment you rent had an electrical fire...?
you have no rental insurance, your rent is current, you tried to use the fire extinguisher but found it to be empty when the fire started. Okay, so of course now you have to move. The landlord said since you have no renters insurance that you are not going to get your deposit back. He also said that there was no way to determine if the premises were in the same shape as they were when you moved in because of the fire, again, another reason not to refund the deposit. Oh, the fire happened on the 28th of Sept. so wouldn't the landlord also be responsible for refunding rent for the last two days of the month. This is a true story, please help.
4 Answers
- 1 decade agoFavorite Answer
In this case, it is worth the investment in a lawyer. There are some variables here. For example, whether your lease requires renter's insurance, the landlord's responsibility as to the fire extinguisher and as to the safety of the wiring in your apartment. Most leases have a clause that addresses situations in which the home becomes unlivable. I once rented a home that became uninhabitable due to a hurricane. My deposit was automatically refunded because there was no way to tell if damage was present before the storm/flood and it was assumed that the home was in good condition prior to the hurricane. Get a lawyer to answer your questions and proceed from there. Don't let this landlord tell you possibly wrong information and bully you because you don't have the facts.
- ?Lv 61 decade ago
Most state's landlord tenant laws cover the issue of damage or destruction due to fire or casualty.
As long as you, the tenant, did nothing to cause the fire - like overloading the electric circuit or fuse, you should receive your entire security deposit and a prorated return of any prepaid rent.
If the fire was caused by the tenant, you would not be entitled to the deposit and expect to be sued by either the landlord or his insurance company.
- vallartaLv 44 years ago
the difficulty of paying lease whilst there replaced into no carpeting could have been desperate in the previous you moved in. And the different question is why did not the owner deliver you a "lease late" word after the 1st month? in case you probably did carry it to court docket, i could doubt if a choose could say that no lease replaced into due for those months,because of the fact the uncarpeted house does not sound like it may could meet the definition of unlivable, which includes no warmth or no water could. A choose might award you a discounted lease in the time of that element, even though in case you may teach that the owner promised to place in the carpet in a useful volume of time. Why not attempt to artwork it out with the owner? If the lease replaced into $seven-hundred a month, furnish $500. a chum has a house with purely a painted plywood floor, and it suits her basically nice.
- Anonymous1 decade ago
what started the electrical fire? If the electrical fire wasn't started because of anything you did wrong then your landlords insurance would need to pay for the damages. As for him verbally telling you your not getting your deposit back he still has to mail you a letter along with a list of deductions along with receipts depending on your state he might have 30 days to do this.