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riquie · Dec 18, 2006, 10:04 PM

I had a fire in my apartment that was caused by a grease fire while my cousin was standing over the stove cooking dinner... she was not injured but the sprinkler system went off drowning my kitchen... in the fire the stove, range, and microwave that is attatched above the range were all lost in the fire.. other than that everything else was water damage... the fire was at 5:30 in the evening and the maintanance guy came.. the office was open but no manager was available. The on call maintanace guy refused to call the manager and have someone come out immediately to get the water up.. I called and had 2 companies that were willing to come out but I was told by both companies that they could not come out without the apartment managers approval. I called the office 15 minutes after the fire there was a message stating that no one was available... there was no message of what to do in case of emergency or a number to reach someone if there was an emergency... we left the apartment and returned in the morning. When I did I spoke to a Leasing agent that told me he could not call the carpet cleaner without the managers approval and that he was looking at his computer screen and the notes from the manager said that she was not to be disturbed on the weekends and that if there was an emergency to just call the police or fire but not to contact her... finally at 4 in the afternoon the carpet guy got there and stated had he been called the night before the damage would have been 1/3 of what is was... now the apartment wants me to pay for everything when they did nothing but pass the buck and now the cost are even higher than they would have been had they responded immediately or if I would have been able to contact the apartment manager and had her aprove for me to have any of the companys I had found to come out and do the work... since this happened I have been threated by my landlord and they have done nothing to get my apartment back to a place where I can live...
What are my rights in this? Don't they have to let me midigate my own damages?

excon · Dec 19, 2006, 06:49 AM

Hello riquie:

You've got TWO situations. First, is what are you going to DO about it NOW? The second is how things will work out?

Frankly, in addition to your apartment being un-inhabitable, I don't see how you can stay due to the management problem. I can't imagine it would work out WHILE you still lived there. However, stranger things have happened.

Work needs to commence immediately, or you need to move. Your landlord is required to supply you with a "habitable" residence, no matter who might be responsible for making it un-inhabitable.

So, they're threatening you?? Turn the tables. Write them a letter. Send it certified, return receipt requested. Tell them that they have failed in their duty to supply you with the warranted premises, and that you are vacating immediately.

Once they begin the work, or you have relocated you can begin to consider #2. I believe you'll be held liable for the damages, and I think you agree. I also think you're right about mitigating. Tell the judge. I think you'll win that issue, even if it's a small victory.

excon

ScottGem · Dec 19, 2006, 08:20 AM

Do you have renter's insurance? If so, you should have called them immediately.

The issue is that without renter's insurance, you are liable for the damages to the apartment. Now you can counter sue the landlord for the additional costs incurred because of the delays that resulted from not being able to get approvals for the work.

Cvillecpm · Dec 19, 2006, 08:31 AM

Originally Posted by riquie

I had a fire in my apartment that was caused by a grease fire while my cousin was standing over the stove cooking dinner... she was not injured but the sprinkler system went off drowning my kitchen... in the fire the stove, range, and microwave that is attatched above the range were all lost in the fire.. other than that everything else was water damage... the fire was at 5:30 in the evening and the maintanance guy came.. the office was open but no manager was available. the on call maintanace guy refused to call the manager and have someone come out immediatly to get the water up.. I called and had 2 companies that were willing to come out but I was told by both companies that they could not come out without the apartment managers approval. I called the office 15 minutes after the fire there was a message stating that no one was available...there was no message of what to do in case of emergency or a number to reach someone if there was an emergency... we left the apartment and returned in the morning. when I did I spoke to a Leasing agent that told me he could not call the carpet cleaner without the managers approval and that he was looking at his computer screen and the notes from the manager said that she was not to be disturbed on the weekends and that if there was an emergency to just call the police or fire but not to contact her... finally at 4 in the afternoon the carpet guy got there and stated had he been called the night before the damage would have been 1/3 of what is was.... now the apartment wants me to pay for everything when they did nothing but pass the buck and now the cost are even higher than they would have been had they responded immediatly or if I would have been able to contact the apartment manager and had her aprove for me to have any of the companys I had found to come out and do the work... since this happened I have been threated by my landlord and they have done nothing to get my apartment back to a place where I can live...
What are my rights in this? dont they have to let me midigate my own damages?

The apt's insurance company will come after you not the apt owner directly... and YES, you should have had renter's insurance and they should have been the all you made AFTER the call to the fire dept.