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Who is responsible in rental home fire w/injuries Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by JulieP31, May 7, 2004.

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  1. JulieP31

    JulieP31 Law Topic Starter New Member

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    I am questioning whether my landlord should be held liable for a fire in the house we rent. We have lived here for about 8 - 9 months and on Apr 10th my husband was having his coffee and heard a sound in the closet where the gas hot water tank is located. He went to the closet (very small area) and opened the door a few inches and an aerosol can exploded on him. He has 1st, 2nd, and 3rd degree burns. The landlord removed the aerosol can, the hot water tank and other things from the house before the homeowners insurance came to take pics/investigate. We know that neither of us put the can there and wonder how this will end up working out. My husband has been out of work for 5 weeks and has scaring that will be on him for the rest of his life. The landlord says he had the closet cleaned before we moved in. I cleaned the house before we moved furniture in (it was a pigsty), Ifound cat feces and a ton of dirt/cobwebs and trash in the house. I did not clean the closet, I had no reason to go into such a small area. We never used it for anything. Today we received a letter from our landlord asking us to vacate the house based on the events that took place on April 10th. Is this legal that he can evict us for something that we had no control over? We are not suing him or his insurance and have not "bargained" with the insurance company for any kind of payment. Is it legal that he evict us under these circumstances and who should be held liable for the fire?
     
  2. pilawman

    pilawman New Member

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    Many states have residential landlord and tenant statutes that would address whether you can be evicted, and if so, under what circumstances and conditions. Usually these laws are written to favor the tenant. I would encourage you to check out your state's landlord & tenant act. Perhaps do a search on Google for "landlord & tenant act" & your state.
     

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