Apartment below my daughters burned and caused Fire/ Smoke damage to all my daughters contents.

Her apartment is uninhabitable.

She does not have renter's insurance.

The apartment manager said they would refer her to the Red Cross.

a.) Doesn't. The apartment have the responsibility to provide her a apartment and not the red Cross?

b.) Depending upon how the fire starteed, isn't the apartment or the Tenant whoses apartment caught Fire liable for my daughter's losses?

c.) Isn't she deserving some compensation for her losses?

d.) can we demand a report from the Fire Dep't as to the cause of the Fire?

Essentially if the renter had no renter's insurance they are the looser in the sitaution. That's the risk she took and unfortunately lost out by not having the insurance. I lived once in a ground floor apt. The apt complex roof above the people on top of me had a horrible leak and the water ran like a river into their apt ruining their furniture, etc. Then the water ran like a river into my apt. My carpet had at least 2" of water in it. The people above me got another apt in the same complex. I did NOT get another apt in the same complex but was told if I didn't like the water in the carpet and walls that I could move elsewhere and they would not hold me to the rest of my lease. Wasn't that nice of them? Thought you'd like that one. I sure did. They were black and I am white. Reverse discrimination you say, why of course.

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Originally Posted by HReed

a.) Does'nt. the apartment have the responsibility to provide her a apartment and not the red Cross?

b.) Depending upon how the fire starteed, isn't the apartment or the Tenant whoses apartment caught Fire liable for my daughter's losses?

c.) Isn't she deserving some compensation for her losses?

d.) can we demand a report from the Fire Dep't as to the cause of the Fire?

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Hello H:

a.) If the owner of apartment building is found to be negligent, then YES it's their responsibility to compensate her. That, however, isn't going to be determined till afterwards. Should they step up and volunteer to pay? Would you?

b.) Whomever was negligent is liable for her losses. It isn't always apparent just whom that is right away. Even if you DO determine that is was the downstairs tenants fault, do you think, after they lost all their stuff, that they can pay for your daughters lodging too?? Really?

c.) Yup.

d.) You betcha, and she's going to need it too, cause she's probably going to have to sue somebody.

excon

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Originally Posted by twinkiedooter

Essentially if the renter had no renter's insurance they are the looser in the sitaution. That's the risk she took and unfortunately lost out by not having the insurance. I lived once in a ground floor apt. The apt complex roof above the people on top of me had a horrible leak and the water ran like a river into their apt ruining their furniture, etc. Then the water ran like a river into my apt. My carpet had at least 2" of water in it. The people above me got another apt in the same complex. I did NOT get another apt in the same complex but was told if I didn't like the water in the carpet and walls that I could move elsewhere and they would not hold me to the rest of my lease. Wasn't that nice of them? Thought you'd like that one. I sure did. They were black and I am white. Reverse discrimination you say, why of course.

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Well I can't touch the Black/White stuff, but, I just spoke to my daughter and the Red Cross gave her $250.00 to use within 15 days and paid for a Hotel Room for tonight (2/31/08).

The apartment complex does not have any more 1 bedroom so she gets a 2 bedroom @ the same cost, probably sometime later this week.

The Fire Dept. let her in and it appears her stuff is not damaged, just smokey smelling according to her, we will see.

Have you ever heard the expression the " squeaky wheel gets the grease"... well I can assure you, when Black Folks feel wronged, they will let everyone know and do you think the Black people would have accepted what they offered you, you should have pitched a fit and looked at what your rights really are, sounds like you got screwed. Not reverse descrimination... " the squeaky wheel syndrome"... Wow, they really did'nt. Offer you another apartment?. That sucks!! You should have and could have demanded the same as the black Folks... GET SQUEAKY WITH IT!! ( I added that so you would know I am Black.(LOL)!

You or she choose to self-insure by NOT having renter's insurance which would make her life A LOT EASIER!!

Frankly, it will most likely come down to the lower resident burning a candle which caused the fire which certainly would not be the owner's responsibility so she will have to sue a "have nothing" tenant... RENTER'S INSURANCE cost pennies a day for the coverage and peace of mind...

Next time, MOM, pay her first 6-mo premium and insist on renter's insurance!!

*** first she needed renters insurance

But most of the questions will depend on who was the cause of the fire.
If the other renter was the cause, then that renter is liable for the loss your daughter suffered, ( but of course if they don't have any insurance and don't own anything, you are not going to ever get any money from them anyway.

If it is proved it was some fault of the landlord, he can be held responsible for the loss



a.) Doesn't. The apartment have the responsibility to provide her a apartment and not the red Cross?\
Not unless the loss was a direct result of the fault of the landlord

b.) Depending upon how the fire starteed, isn't the apartment or the Tenant whoses apartment caught Fire liable for my daughter's losses?
** answered above

c.) Isn't she deserving some compensation for her losses?
Yes, but if the other tenant was at fault, and if they had no insurance, she still is not going to get paid, that is why people have to have some level of personal responsibility and have insurance, For example had she started the fire, could she pay the landlord for all the damage to the building, and to other tennants for their losses ( get that check book out? )


d.) can we demand a report from the Fire Dep't as to the cause of the Fire?[/quote]

I would just go in and ask for one and pay the fee for it, city employees don't like anyone to demand.