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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101731
Experience:  Attorney
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Our landlords did not disclose the presence of asbestos and

Customer Question

Our landlords did not disclose the presence of asbestos and the home we rented burned down (cause undetermined). We were exposed during the fire and after when we were permitted to go in and access our belongings. Now we are told that our belonging are contaminated and must be professionally cleaned or replaced. Who is responsible for our things? The fire occurred at 12:15 am when we had all been in bed for several hours.
Thank you,
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. In the end, this depends on what started the fire. Period.

If it was the tenant's fault that the fire started, then the landlord is not responsible for the damage.

If it was the landlord's fault that the fire started, then the landlord would be responsible for the damage.

This is not an "asbestos" case as much as it is a case of negligence.

The problem is that the cause is undetermined. If the FD had a sure cause stated, then the parties can use that cause as evidence in suing each other (or negotiating). FD's decision abut the cause can be challenged, but it does serve as strong evidence so is mostly followed by the parties and the court. But since there is no cause mentioned, the parties may have to "duke it out" in Court, and then the Court (Judge or jury) would decide who was responsible for the fire based on the evidence that is available, which is the FD report, witnesses, and statements.

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Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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