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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
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I rented a room from November 2013 to January 10th 2016. On

Customer Question

I rented a room from November 2013 to January 10th 2016. On morning of January 10th 2016 a.fire occured in the house it was not my fault. I made it out but not uninjured I.had skin grafts done and was burned badly. The house was deemed a complete loss and now I have nowhere to go. I also lost all my property in the fire. The owner did not have homeowners insurance but he does own other property in Arizona. I live in California. what can I possibly do...is a lawsuit possible since I had no renters insurance and he had no.homeowners insurance? The owner also sent a letter to my work asking me not to get an attorney cuz they will take a portion of any money for themselves. Do I have a legal case? Should I meet with the landlord without consulting an attorney?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 9 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

A landlord's policy does not typically cover any possessions of the tenant. It is up to you to have renters insurance and that is no fault of thr landlord since their insurance cant cover your belongings. You would have to prove that the landlord intentionally caused the fire. Accidents do happen and unless it was intentional or extremely negligent behavior, it will be difficult for you to file a suit that has a reasonable chance to prevail. It would be pretty hard to prove negligence unless there is direct evidence. If you are still planning to file a lawsuit, I would only meet with the landlord with your attorney present.

Pleaselet me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Customer: replied 9 months ago.
but the fact I lost my place to live counts for nothing? or the fact he had no insurance? or the fact I already paid him rent for January? I don't have a place to live now?
Expert:  Christopher B, Esq replied 9 months ago.

Unless you can prove negligence or intent on the part of the landlord, you do not have a cause of action against him or her. Like just said previously the landlord's insurance will not cover your personal effects. This is an unfortunate occurrence and I understand your frustration but if the landlord was not negligent or caused this Intentionally, why should it be his/her obligation to pay? The law requires responsibility and fault in order for your to recover against the landlord. I know this is not the answer you want to hear, but I am hear to give you accurate information as giving you false information or what I think you want to hear will not help you.

Please let me know if you have any further questions and please positively rate my answer if satisfied.