Legal Question in Civil Litigation in California
Renters Rights after a house fire
Our washer, dryer and many other personal items along with 2 vehicles burnt in a fire that resulted from an electrical fire that the owner of the home was told by the electric company to replace the breaker box in 2006 the fire occured on 5/2/07 at 12am while we were sleeping. The owner of the home was my husbands employeer and after the fire he no longer had any work for my husband which lead him to go out and look for work to make money to pay our bills and try to replace most all of what we lost in the fire. He deducted the rent of $500.00 on the 20th of each month from my husbands check. and on 5/20/07 we recived a 3day pay or quit from a property management he has now decided to go through. We were not even late on our rent it was due on 6/20 the day we got the 3day pay or quit notice. We feel herassed by all of this. What are our rights?
2 Answers from Attorneys
Re: Renters Rights after a house fire
Unless you had agreed in the past to deduct rent from a paycheck, that is improper. Nothing may be deducted from a paycheck except taxes and benefits authorized by the employee.
Sounds like the home's owner might have been negligent. Any damages you suffered arising from the owner's negligence might be recoverable through a lawsuit if you can show that the breaker's failure caused the fire. You should consult with an attorney in your area.
Re: Renters Rights after a house fire
I would call your renters' insurance carrier and make a claim. If you didn't have renter's insurance, this was very poor judgment on your part as it probably would have cost you less than $200 per year. If you have comprehensive coverage on your auto insurance, be sure and make a claim.
You might have a good defense to an eviction lawsuit: to the extent your home is uninhabitable due to fire damage, you should not be liable for rent from the date of the fire. Google for [california tenant law].
You might also wish to contact the arson investigators at your lccal fire department.
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