Legal Question in Landlord & Tenant Law in California

There was a fire in my mother's apartment complex. The two units next to her burned, but hers did not. Her apartment was filled with smoke and all of her belongings were left with an odor. The construction company and also the apartment manager said that she could continue to live in the apartment. after a week, she could no longer handle the smell and only after asking the manager to clean the apartment did they offer. There is now an opening in a different unit and I will be moving my mother this week. My mother has already paid rent for this month and was not offered any kind of compensation for all of our trouble. Do we have the right to any? I am also worried that the construction foreman who is handling the job originally said that there was asbestos in the roof and ceiling, and then he told my mother that it was safe to live. I figure if the apartments that burnt had asbestos in them, then the smoke resulting from the fire would also contain asbestos. Is this something that we should pursue?


Asked on 10/26/09, 4:39 pm

1 Answer from Attorneys

You have a right to any out of pocket expenses and losses from the fire and the move. The whole point of asbestos insulation back when it was used is that it insulates well and doesn't burn at all. So the smoke could not have contained asbestos.

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Answered on 10/31/09, 5:19 pm


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