fire/eviction without notice (apartments, renters, insurance)

[dakotajohnson7]

on 5/9/12 i came home from work and opened my front door to a blast of smoke shooting me in the face. keep in mind this is after a major dust storm had just rolled through our area. after the fact a fire marshal went in to inspect the cause of the fire and his final ruling was accidental electrical fire caused by an electrical socket in my living room. Everything in my apt. was lost to the fire. as the night went on i thought i would receive a call from my landlord just to see if i was o.k. or needed a place to stay considering i was now homeless and had nothing. i never received that call or any call for that matter. it is now 7/19/12 and i still have not gotten a call from her or visit concerning the matter. over the past couple months the apartment has been rebuilt, done and ready to move back into at the beginning of this week. to my surprise i have been evicted without any sort of notice, call, visit, or a letter. any suggestions?

[Kimballette]

Your apartment was uninhabitable for two months and you never spoke with your landlord?

[observer53]

Sorry for what happened to you. This is not the best place to get legal advice. Some more facts might help a little, though. Did you have a lease in effect at the time of the fire? Did you give a security deposit when you moved in? Were there other apartments at the location you could have moved into? You say the landlord has not called you. Have you called her? Your post doesn't say so. That would be the first thing I'd do, if you want to move back in there, just to find out what their position is.

[dakotajohnson7]

yes that is correct, 2 months and no word. i have tried to call an no answer on several occasions. yes my lease was in effect and yes i gave her the full security deposit upon moving in. as for other locations to move into thats a no, i live in a 7 unit complex and their were no vacancies. i would assume since my name is on the lease and that i moved in with a security deposit fully paid i would be able to move back in as soon as it was finished. considering shes the landlord she should at least make some kind of effort on her part im thinking...

[liz451]

I've had issues with a landlord in the past (flooded apartment) but it was in Chicago. First place I started though was to know my rights legally, so that's where I'd suggest you start.

Arizona Residential Landlord and Tenant Act

[Steve Pickering]

Get an attorney or see the public defender. There are agencies in the area that provide Landlord/Tenet law help for free. They are called Tenet Advocates. This or most any other forum including Facebook is not the place to seek advice.

Keep in mind if the light socket was at fault UL (Underwriters Lab) may have your loss covered, and it could be your landlords liability to replace your lost stuff. I am glad you are safe, but this is too important to resolve on a forum.

[Captain Bill]

Originally Posted by dakotajohnson7

on 5/9/12 i came home from work and opened my front door to a blast of smoke shooting me in the face. keep in mind this is after a major dust storm had just rolled through our area. after the fact a fire marshal went in to inspect the cause of the fire and his final ruling was accidental electrical fire caused by an electrical socket in my living room. Everything in my apt. was lost to the fire. as the night went on i thought i would receive a call from my landlord just to see if i was o.k. or needed a place to stay considering i was now homeless and had nothing. i never received that call or any call for that matter. it is now 7/19/12 and i still have not gotten a call from her or visit concerning the matter. over the past couple months the apartment has been rebuilt, done and ready to move back into at the beginning of this week. to my surprise i have been evicted without any sort of notice, call, visit, or a letter. any suggestions?

Others have given good advice already.

My question is do you have renters insurance, which would cover your personal belongings and liability, and possibly pay for your stay during the fire.

If you have a lease, you cannot be evicted without the proper notices and due process, unless you have done something illegal which can be an immediate eviction. But even that requires a process, although it goes much faster.

What was the "electrical socket". Is that socket a fixture that belongs to the owner, or is it a lamp or something that belongs to you?

If you have a lease and have been paying your rent, then you should contact an attorney that specializes in representing tenants.

[observer53]

Originally Posted by Steve Pickering

Get an attorney or see the public defender. There are agencies in the area that provide Landlord/Tenet law help for free. They are called Tenet Advocates. This or most any other forum including Facebook is not the place to seek advice.

Keep in mind if the light socket was at fault UL (Underwriters Lab) may have your loss covered, and it could be your landlords liability to replace your lost stuff. I am glad you are safe, but this is too important to resolve on a forum.

DO NOT call the public defender's office, they are involved only in defending those charged with crimes.

Some legal advice would be a good idea. You are certainly entitled to your security deposit back-- if she'd rather you just move back in, that might be arranged if you sue in small claims for the return of the deposit. There may be a tenant advocacy group here-- try a google search.

Underwriters Laboratories (UL) despite the name, does not provide insurance coverage. Whether the landlord's insurance covers your losses is a different question. Situations like this show the benefits of renters insurance.

[LBTRS]

Originally Posted by Steve Pickering

Get an attorney or see the public defender.

A public defender isn't going to do anything for him in a civil matter, public defenders are provided to handle the defense of criminal charges. He'll need to pay for a lawyer.

[lauramc27]

I think Steve mean't legal aide