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I have a friend that has had the neighbors apartment complex…

Customer Question
I have a friend that...
I have a friend that has had the neighbor's apartment complex burn down servering burning 3 units. My friend's apartment was fortunately not burned but was damaged and there's water that is leaking on the roof. The fire department thought it is dangerous for them to stay in the house however the apartment asked them to stay.

There was a hearsay that the person who used to live in the apartment that caused the fire ask the lease office to fix a heater problem and it was not repaired and that (electrical problem) might have cause the fire. My friend is concerned and wants to move out.

Moving Cost may be around $1,500. Can we ask the lease office to let us move out because of the inhabitable (dangerous) living conditions? And can they actually be compensated for their moving cost? I believe they have a property insurance policy but can we actually ask for this from the Landlord and let them be compensated by the Insurance company?

How much would it cost for you to write a letter to the Lease office stating intention of moving out due to inhabitable and dangerous conditions and requesting a move out letter?

Thank you
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 25 minutes by:
2/19/2012
Lawyer: Attorney 1, Other replied 6 years ago
Attorney 1
Attorney 1, Other
Category: Landlord-Tenant
Satisfied Customers: 2,777
Experience: Knowledgeable and experienced attorney
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Attorney 1 :

Hello, and welcome to JustAnswer! I am a licensed attorney and will be happy to assist you. Please remain online while I prepare your response.

JACUSTOMER-srgwnucr- :

Hi

Attorney 1 :

If the unit is made uninhabitable, through no fault of your friend, she is entitled to either live elsewhere until the repairs are complete or to cancel of the lease agreement and she can move out. Your friend is also the third party beneficiary to any insurance policy the landlord holds, and is entitled to compensation through the insurance company. Therefore, requesting a copy of the policy or contact information at the adjuster handling the claim is entirely appropriate. The policy should cover all of your friends damages, including the cost of temporary housing if she decides to remain a tenant of the landlord and live somewhere else until repairs are completed. There may also be a provision in the lease agreement affecting mess, so check back for additional options, as well. If it turns out though when Lord caused the damages, but faulty repair the heater, the result would be the same-the insurance company would pay for the damages. If the landlord caused the damage but does not have a policy covering the landlord's own negligent acts, I would be surprised. In that case, your friend would sue the landlord, directly.

Due to the policies of this website, I cannot be hired to write the letter for you, directly, but you do you have a couple of options. You can contact an attorney through your County's Bar Association to write the letter for you at a nominal fee, or you can write the letter yourself. Writing it yourself will cost nothing. If you choose to do so, be sure to set forth the facts clearly and concisely, and inform the landlord of the specific reasons the apartment is uninhabitable. This may sound silly, but documenting the specifics in writing is very important, even though they may be very obvious. Be sure to include the fire department report of the incident and any written recommendations that tenants should be removed from the builfing.

In the event you decide to hire an attorney "to write the letter," consider hiring that same attorney to handle the matter from beginning to end. That way, you can be sure that your rights are protected the whole way through. A good place for a referral will be your County's Bar Association. There will be no cost for a consultation ended the attorney takes your case there may be no out-of-pocket fees or costs for you to pay.

Attorney 1 :

Best of luck!

If you need more information, just let me know and I will be happy to continue to assist you.

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This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

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