What legal action can I take of I was renting a shop for saloon and the building was damaged by fire but the land lord lord does not have insurance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What legal action can I take of I was renting a shop for saloon and the building was damaged by fire but the land lord lord does not have insurance?
Nor is he willing to compensate us.
Asked on October 12, 2012 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The landlord does not need to compensate you, unless the landlord was at fault in causing the fire (i.e. the fire occured beause of the landlord's carelessness or negligence). You could sue whomever was responsible--that is, anyone whose careless or deliberate bad act caused the fire--though there often is no one at fault (for example, fire caused by lightning) or no one you can identify (for example, someone was careless with a cigarrette--but don't know who).
If the premises is partially or totally uninhabitable or unusable, you would be entitled either to a rent reduction until it's repaired or to terminate the lease early without penalty: if a landlord cannot provide you the usuable space he/she/it agreed to provide, you, as the tenant, are entitled to compensation (the rent reduction) or to treat the lease as terminated. If you want to explore these options, you should meet with a landlord-tenant attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.