[AlisaMG24]

I was just in an apartment building that caught fire. Two units were a complet loss and the tenants (including myself) in the 24 surrounding units are indefintely displaced. The fire was started by the tenant smoking in her unit... which is against the law where I live... not just the rules on the premises. Many tenants have been complaining about her smoking inside. Notices were put on her door on May 1st to quit smoking... the fire occurred May 3rd. I was out of town during the firing and returned that night. I was supposed to pay my rent that evening but because of being displaced I have not paid it. They have stated that have no time frame in which my apartment will be livable. They are now demanding my rent to be paid and have put an eviction notice on my door... the same door that is still not secure from the fire department kicking it in.
The one who started the fire has no insurance. I have no personal property that was destroyed... I'm just homeless. Do I have any grounds of suing the management company since they were aware of the tenant smoking? Also are they allowed to demand rent and evict out of a place that I can't even reside in?
Thanks so much for you help...

[joypulv]

What state is this?
Actually many states have laws that require landlords to pay for moving expenses when there is a fire, regardless of the facts in this case.
The eviction sounds baseless to me, although it could be argued on the technicality that your rent was due on the first and the fire was on the third. Go take pictures. Bring today's newspaper and hold it up against the sign on the door. Get affidavits from as many other tenants as you can to this effect too.

[ScottGem]

First, send them a letter (return receipt) telling them that you are withholding rent due to your apartment being uninhabitable. Second, did you have insurance? Have you put in a claim? Third, find out who the building's insurer is and put in a claim to them.

It would appear that the management took appropriate steps to deal with the smoker, so suing them for negligence may not fly. As for your eviction notice, put your rent in a separate account and roll the dice with court. If they follow-up the eviction notice with a court hearing go into court with evidence of the uninhabitable conditions and that you have set the rent aside. I doubt if a court will issue an eviction order under those circumstances.