Apartment fire, now being kicked out.

[samanthamtanner]

We just had an apartment fire last night, the firefighters came and put it out and all that stuff. well they looked at it and said that it was human error and that it must of been a cigarette or something. well my boyfriend quit smoking about a week ago, and we had no cigarettes or anything in the house, and we sure wouldnt be smoking in the babys room. sooooo, the managers of the aprtment complex told us that we had to have all our stuff out and that they were not giving us another aprtment or doing anything for us. so basically they just kicked us out with nowhere to go. So the big problem is that we had no smoke detectors in the apartment at all. There has never been any in there and i dint really ever notice til then, well the mangers were trying to cover their selfs and said that there was some in there, we must have took them down. that makes no sense, why would we do that. idk im just very stressed and frustrated. any help would be very appreciated. i just dont find this right at all.

 

[wisemans_voyage]

We just had an apartment fire last night, the firefighters came and put it out and all that stuff. well they looked at it and said that it was human error and that it must of been a cigarette or something. well my boyfriend quit smoking about a week ago, and we had no cigarettes or anything in the house, and we sure wouldnt be smoking in the babys room. sooooo, the managers of the aprtment complex told us that we had to have all our stuff out and that they were not giving us another aprtment or doing anything for us. so basically they just kicked us out with nowhere to go. So the big problem is that we had no smoke detectors in the apartment at all. There has never been any in there and i dint really ever notice til then, well the mangers were trying to cover their selfs and said that there was some in there, we must have took them down. that makes no sense, why would we do that. idk im just very stressed and frustrated. any help would be very appreciated. i just dont find this right at all.

So the landlord says you are out eh? When or if he serves you with an eviction notice, simply file an answer citing the fact the landlord illegally failed to install smoke detectors. You are lucky you weren't asleep when the fire broke out! I don't think a judge will be pleased with the landlord and therefore rule accordingly. :?)

 

[samanthamtanner]

yeah, i dont think anyone would be pleased with that. but idk im just hoping we win this....

 

[army judge]

So the landlord says you are out eh? When or if he serves you with an eviction notice, simply file an answer citing the fact the landlord illegally failed to install smoke detectors. You are lucky you weren't asleep when the fire broke out! I don't think a judge will be pleased with the landlord and therefore rule accordingly. :?)

Your "advice" is way off base, "wiseone".

OP, this has nothing to do with an eviction.

Your landlord is taking the findings of the fire department that allege you started (or were responsible) for the fire that destroyed the unit.

I suggest you speak with an attorney, OP.

The fire marshal will eventually issue a formal finding.

Lawyer up!

The landlord may sue you for damages.

The prosecutor might eventually charge you with arson.

 

[wisemans_voyage]

I seriously think that arson is quite a stretch! "Human Error" can be construed as accidental as well. There is no way a landlord can just throw someone out onto the street without due process.

They should be providing another apartment or adequate expenses for the Op's loss of shelter if their current apt is too damaged to reside in. Failure to equip an apartment with smoke detectors is illegal everywhere in this country and has everything to do with preventing an eviction before circumstances such as arson (sic) may allow it.

Although the landlord may sue you for damages if found negligible, if given eviction papers, file an answer noting the landlord's failure to provide smoke detectors and the judge will rule accordingly as I said. Lack of smoke detectors is a major defense against an eviction such as what may take place in this circumstance. Smoke detectors very well could have prevented at least a degree of the damage sustained as a result of the fire that was caused and determined to be human error.

Army Judge: Who said anything remotely indicating that the unit was destroyed? Such indication is no where to be found in this thread. At this point, it is premature to pay for any expenses concerning a lawyer other than addressing the eviction issue which, the OP should prevail.