Apartment Fire

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chuerta3

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On April 18, 2011 our apartment unit was involved in a fire that was started by maintence crews. It is now May 3, 2011, a little over two weeks since the fire and we are still not aloud into our apartment or to get any of our belonging. They are not reimbursing rent for the days we were displaced or replacing any of our damages. This includes vet bills because our 6 month golden retriever was in the apartment at the time of the fire and got pneumonia from the smoke inhilation. I am very frusterated with the fact they are not letting us get anything out, including my school books that I need for finals this week. They can never answer my questions or give us an exact time of when we will be able to get our stuff. I just want our stuff. What should I do?
 
Your "damages" should be covered by yor renters insurance which hopefully you have. Why are they not letting you retrieve your belongings?
 
If the maintenance crew was responsible for the fire then you will ultimately be reimbursed if you pursue this.
This would come out of the landlord's insurance rather than yours. I am betting you don't have renter's insurance, otherwise you would likely not be having this problem.

Who is not allowing you in? The fire department or the landlord?
I suggest you simply go and get what you need- just be cautious of possible structural problems. You can't steal your own property and it isn't trespassing. Just get your stuff and be on your way. The damage has surely been assessed and photographed by now.
 
No we do not gave renters insurance but as far as I know, even if we did we wouldn't be using them because it was not our fault.

The landlord is not letting us in. We could go get our stuff but they changed the locks and did not give us a set of keys.
 
No we do not gave renters insurance but as far as I know, even if we did we wouldn't be using them because it was not our fault.

The landlord is not letting us in. We could go get our stuff but they changed the locks and did not give us a set of keys.


Were you current on your rent?

Were you in the process of being evicted?

Had you formally been evicted?
 
Always was current on our rent. It got pulled out of our account on the first of the month using their payment system. We've never been evicted nor were we in the process.
 
Always was current on our rent. It got pulled out of our account on the first of the month using their payment system. We've never been evicted nor were we in the process.


This doesn't add up.

You've spoken with the police and fire marshal about the fire, right?

What have they told you?

Was there any dispute between you and your landlord?

Is the fire classified as suspicious?
 
Some people cringe when I say this- but if you wanted to you could force entry to get your stuff. It is not burglary, vandalism, or trespassing... especially if your rent is paid for the month and they have changed the locks. The landlord may try to get you to pay for the damage you cause, so minimize it- but even so the landlord has ilelgally locked you out. They may call the police, but the police aren't going to care after you spell it all out. You can't steal your own stuff.
 
Unless of course the apartment has been designated a "crime scene" by the fire marshal, sheriff, or police.

If you enter a designated "crime scene" you're breaking the law.


Some people cringe when I say this- but if you wanted to you could force entry to get your stuff. It is not burglary, vandalism, or trespassing... especially if your rent is paid for the month and they have changed the locks. The landlord may try to get you to pay for the damage you cause, so minimize it- but even so the landlord has ilelgally locked you out. They may call the police, but the police aren't going to care after you spell it all out. You can't steal your own stuff.
 
So we are still unable to get our stuff and the landlord is now ignoring all our calls. Their insurance agent called the other day and told us that there is now asbestos. I am so angry! I don't know what to do.
 
It is not illegal to enter a building where there is abestos. It might not be a healthy choice... but that is up to you. If you want your stuff bad enough then just go get it. If you can't get the manager to open the door then you can try getting the fire department to allow you to briefly enter and gather your things 9they may also be able to tell you if there are structual concerns). If you can't get that done, then since you still paid rent for the month and have not been reimbursed, it is still your place and you can still force entry to get your things. Someone might cry about it, but that is about the most they can do.
 
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