What to do if my cousin’s rental house caught fire a few days ago throgh no fault of their own?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my cousin’s rental house caught fire a few days ago throgh no fault of their own?
It is now unsafe to live there. What are their rights? Are they entitled to their deposit back? Are they entitled to this month to move their stuff since it is already paid for? And as to the the items that were heavily damaged by the fire, who is responsible to move those?
Asked on November 14, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the house is not inhabitable, they may terminate (break) their lease without any penalty. They would recover their deposit, unless they had already owed the landlord any money (such as unpaid rent) which he could legitimately take out of the deposit. They should receive back any rent paid for which they did not get the use of the house (e.g. say they paid for November and the house burned after the first week--they should get 3 weeks back). They have to pay to remove their own damaged items; if they do not, the landlord may take the cost of disposing of them out of their security deposit, or even sue them for that cost if it exceeds their deposit--even if the fire was not their fault, they are not allowed to leave debris and abandoned goods on the landlord's property.
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.