apartment fire, what are my rights?

pixidance · #1 09-14-2006, 07:04 PM

What is the name of your state? Washington

On Tuesday, we had a fire in the apartment due to a 7 year old and a toaster. The kitchen is mostly gone, and a lot of work needs to be done.
My landlord told us that we were responsible to pay for all the fire damage (no we hadn't yet purchased insurance...we'd been there for 2.5 months)
The landlord also informed us that if we didn't have our things out of the apartment on Monday then she was going to come in an throw them away, which is only 6 days from the fire. She has not served an eviction notice, but told us we could not live there in another apartment, which I wouldn't want to do anyway with how mean we've been treated over this accident.
We have been doing all we can to move out as quickly as possible so that the repairs can be started, but I would like to know, how long we have, legally. Also, should we get our rent back? We have never given a late payment and were paid for the month of September.

Also, will this effect my ability to rent from someone else?

I know my rights if there hasn't been a fire. But I'm not sure how the fire effects my rights.

Thanks

PghREA · #2 09-14-2006, 09:03 PM

Read this: [url]http://www.wsba.org/media/publications/pamphlets/landlord-tenant.htm[/url]

A tenant has certain responsibilities to keep the unit clean and safe, and may not deliberately or negligently destroy, damage or remove any part of the premises and must notify the landlord (in writing) when major repairs are needed

Accidents do happen - however, I think you can understand why the landlord is upset. I'm sure that she wants to get the apartment repaired as soon as possible.

pixidance · #3 09-18-2006, 03:20 PM

The unit was clean and safe. The fire was not intentional.

Yes, I understand that the landlord needs to get it repaired as quickly as possible, but we need to find another place to live, work, find people with trucks to help us move, and find babysitting...

Thanks

moburkes · #4 09-18-2006, 03:38 PM

On the one hand, you need to be legally evicted, but on the other hand, it is a health risk for you to live there. Maybe you can come up with some compromise. I don't think that you will get your rent back, because your landlord is breaking the lease. There is never a good time to buy insurance, except beforehand. None of us can predict when something will happen. Its good to know that neither you nor your child was hurt.

treese · #5 09-18-2006, 04:37 PM

Quote:

On Tuesday, we had a fire in the apartment due to a 7 year old and a toaster. The kitchen is mostly gone, and a lot of work needs to be done.
My landlord told us that we were responsible to pay for all the fire damage (no we hadn't yet purchased insurance...we'd been there for 2.5 months)

True. If the LL goes through his insurance, the insurance company will in turn come after you for payment.

Quote:

The landlord also informed us that if we didn't have our things out of the apartment on Monday then she was going to come in an throw them away, which is only 6 days from the fire. She has not served an eviction notice, but told us we could not live there in another apartment, which I wouldn't want to do anyway with how mean we've been treated over this accident.

As already stated, accidents happen. How would you feel if someone caused thousands of dollars worth of damage to something you owned?

Quote:

We have been doing all we can to move out as quickly as possible so that the repairs can be started, but I would like to know, how long we have, legally. Also, should we get our rent back? We have never given a late payment and were paid for the month of September.

Per WA Landlord/Tenant law:
If a tenant destroys the landlord's property, the landlord can issue a three-day notice to move out. The tenant must move out after receiving this type of notice. There is no option to stay and correct the problem.

Quote:

Also, will this effect my ability to rent from someone else?

It is likely. Pushing the LL to evict will make it even tougher to find another rental.

Quote:

I know my rights if there hasn't been a fire. But I'm not sure how the fire effects my rights.

The fact that the fire was caused by you changes everything.

ecmst12 · #6 09-18-2006, 10:57 PM

Not to mention that if your lease required you to carry insurance and you didn't have it, you were in violation of your lease....

Renters insurance takes a 20-30 minute phone call to sign up for.....best $25-50 per year you'll ever spend.

pixidance · #7 09-19-2006, 12:46 PM

Thank you for your responses.

We are now completely moved out.

moburkes · #8 09-19-2006, 05:32 PM

Quote:

Originally Posted by ecmst12

Not to mention that if your lease required you to carry insurance and you didn't have it, you were in violation of your lease....

Renters insurance takes a 20-30 minute phone call to sign up for.....best $25-50 per year you'll ever spend.

Definitely more expensive than that. More like $100-$250/year..Usually $10-25/month.

nicolepotts1 · #9 09-20-2006, 10:23 PM

We have had renters insurance through 2 different companies, one was $74 per year and the other we paid monthly at $12 per month.

kNOwtheLAW · #10 09-20-2006, 10:48 PM

While other factors set the premium it is essentially based on the geographic area of the country, and the coverage limits of the policy. . . It could range from $50 to $200 or more annually. For more info on renters insurance - [URL="http://financialplan.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=financialplan&zu=http%3A%2F%2Fwww.insure.com%2Fhome%2Frenters.html"]click here[/URL].

KTL

ecmst12 · #11 09-21-2006, 09:29 AM

Ok my estimate was a little low...the first renter's policy I had was $25 but I forget whether that was for 6 months or a year. The one I have now is I think about $100 per year but it's grouped with my car insurance so I don't remember exactly how much. Either way, it's not a lot of money but it's absolutely ESSENTIAL for any renter to have....yet tons of people don't even know it exists. Scary.

One of my ex-boyfriends had a fire in his apartment, he couldn't PROVE that it wasn't his fault and he ended up getting sued by his landlord for damage to the building, the tenants below him for water damage to their stuff, and the tenants above him for smoke damage to THEIR stuff. His lease had even required him to carry renters insurance and he still didn't get it. Very expensive mistake that he's probably still paying for 10 years later.