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rmreagle · Feb 16, 2011, 06:56 AM

My apartment recently had a fire and the damage while not total did take its toll. For the most part the fire damage was structural and mostly caused by the fire department tearing out the wall to put out the fire. I lost lot's of electrical equipment and some furniture due to water damage from the fire department (~$2000). The cause of the fire was a roofer hired by my landlord working on the balcony outside my window with a blow torch. At the scene of the fire he asked me if I had a fire extinguisher in my apartment, when I told him no, he then asked where he could buy one. I informed the fire chief and fire marshall of this, and later saw them taking pictures of a tiny fire extinguisher sitting on the back of the roofers van. Still later I learned that the tenant downstairs (tax office) had leant him a fire extinguisher from his truck after the fact. He told me he would claim my computer on his business insurance if I needed to, but I lost a TV, xbox 360 and ps3 along with other peripheralsas I said before. I want to know how much recourse I have in this situation against the roofer and his insurance company. How do I go about going after my compensation? No renters insurance...

Additionally, my roommate and I do not have a lease or rental agreement. We want to try and stay in the apartment for as long as we can, but only have power to half our place as the electrician couldn't turn on the second breaker because of water damage. Technically we're not supposed to be there according to the FD, but we tolerated it for now. My landlord has told me that he is going to have the apartment fixed as quickly as possible and wants us to stay with him, but he also said it could take months before the permits were in place to even allow restoration to begin. Without a rental agreement/lease does he have any obligation to provide us with alternate housing/hotel? Or is that something I'll have to go after the roofer's insurance for as well?

Thanks for the help... long question but very tough situation. We also lost our cat the day before all this happened and she was still in the house when the fire happened so I was unable to make arrangements to have her taken care of as I wasn't allowed back in the apartment until after all the pet cemetery/cremation centers were closed...

smoothy · Feb 16, 2011, 07:03 AM

Sorry this happened... but did you have Renters insurance? This is EXACTLY why you should if you rent. Stuff happens. When you least expect it.

Good luck collecting off anyone else without the expense of a lawsuit you may or may not win.

They are typically not required to pay for YOUR alternative housing during such an event... but neither are you obligated to pay for your rent during that time either as it is uninhabitable.

His offer to put you up is a nice gesture... even if its not required.

Also electronic equipment if it was not powered up when it got wet... isn't necessarily ruined just because it got wet. If it was properly dried in a reasonibly short time... an exception to that is saltwater where the time window to be rinsed and dried can be as short as minutes before corrosion sets in.

joypulv · Feb 16, 2011, 09:08 AM

Some state tenant laws do require relocation expense after a fire.

smoothy · Feb 16, 2011, 09:23 AM

Originally Posted by joypulv

Some state tenant laws do require relocation expense after a fire.

But relocation is moving expenses (and when you have little or nothing to move due to fire and water damage... its not nearly as much)... not free room and board for the entire period of repairs, important distinction to make between them.

joypulv · Feb 16, 2011, 11:56 AM

If you want to sue, sue the roofer in small claims. It's his job to collect from his insurance, not yours.

AK lawyer · Feb 16, 2011, 02:48 PM

Originally Posted by rmreagle

... We also lost our cat the day before all this happened and she was still in the house when the fire happened so i was unable to make arrangements to have her taken care of as I wasn't allowed back in the apartment til after all the pet cemetery/cremation centers were closed...

And, because your power was out you weren't able to put her in the freezer until the next day? Sorry to hear it.

Originally Posted by joypulv

Some state tenant laws do require relocation expense after a fire.

OP wants to sue the roofer, not the LL.