Legal Question in Landlord & Tenant Law in California
if there was a fire and the landlord had done electrical work without permits is he liable? we paid 1st & last and deposit ., our fire was on the 2nd so we hadn't paid rent yet so doesn't he owe us last and our deposit back . also the fire dept. said the fire was inconclusive and the landlord is trying to get the heat off of him by telling folks in our small town that my 13 yr. old started the fire which is making it hard to rent not to mention the way it is making my boy feel .My son thinks people think he started the fire, its really getting to him. the landlord says "you may have lost everything ,but i lost a house , your not getting anything back ". please tell me he is wrong. Bottom line would be , i would think is that he never got permits for the sorry job he did on the wiring he did . please help
1 Answer from Attorneys
If the electrical work was the cause of the fire, generally the fire department will identify that as the cause of the fire in their report. If it is "inconclusive" then it is just that - there is no way to know for sure based solely on the report if it was his fault for bad electrical work, or if it is your fault. The fact that there was no permit does not automatically make the landlord at fault for the fire. He has to have actually done the work wrong, which in turn caused the fire. Have you discussed with the Fire Marshall the issue of illegal or unpermitted electrical work? That might draw their attention to something they did not see before. You will want to consult with an attorney in your area. If your landlord has told his insurance company your son started the fire, they are going to independently investigate the fire, and will possibly come after you for the cost to rebuild the property. You may also wish to preempt all of this and hire your own expert to inspect and determine the cause of the fire. If it is his fault, he would not only owe you a refund of your deposit, but would be liable for all of your lost possessions. Good luck, but I do recommend hiring someone to represent your interests.
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