Legal Question in Real Estate Law in California

Rental Fire

House I rented caught fire from a faulty water heater. Everyone got out alive (barely). I had verbally told the management co. that there were problems with the heater. They deny knowledge of any preexisting conditions. The insurance settled and the owner kept the money. Can I sue the management company or the owner for my medical bills and personal anguish.


Asked on 4/28/08, 6:27 pm

3 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Rental Fire

Yes you can. We need more facts about your injuries and damages. The fact that this was pre-existing problem or not is really not critical. Call us at 213.388.7070 for a free consultation.

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Answered on 4/28/08, 7:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rental Fire

Ignoring a preexisting dangerous condition might be a factor in asking for punitive damages.

This is a question that should be asked under a different topic heading for the most and best replies - try "personal injury" or "landlord-tenant."

Did you or any other tenant contact the landlord or have any communication from or to the insurer before the settlement? Seems to me the insurance company should have interviewed the tenants to find out their claims before settling. Maybe the landlord only had fire insurance and no liability coverage.

Anyway, pure real-estate lawyers are not going to be your best experts on this kind of question.

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Answered on 4/28/08, 8:32 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Rental Fire

Yes. But, proof that you gave them notice will be the issue. If you have sufficient evidence, then by all means.

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Answered on 4/28/08, 9:23 pm


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