Legal Question in Landlord & Tenant Law in Massachusetts

Re: Smoke and Soot damage to rented Condo.

You file a claim with the unit that caused the fire, assuming they have insurance, their company will deal with the claim. You would start by sending a certified letter and ask that they notify their insurer of the damage to your unit and possessions.

This is the major reason one has renter's insurance. The damage to the Walls of the unit and the property owned by the unit owner should be covered by their insurance or the condo board's insurance. This will not cover your furniture or your clothes. However, if your future in-laws did not indicate to the insurer that they were renting the property as opposed to allowing you to stay in the unit, they might not have coverage as well.

You may want to contact an attorney for assistance with this matter.

Please feel free to call me without obigation.

Re: Smoke and Soot damage to rented Condo.

If the fire was caused by negligence on the part of the owners or renters in the unit below you (like smoking in bed or leaving candles unwatched), you have a right to have them pay for your damages. If they have homeowner's or renter's insurance, their insurance company would handle your claim on their behalf. If they do not have any insurance, you would have to make the claim directly against the owner/renter, and "collectbility" becomes an issue.

Unless the fire originated in a common area, or from common facilities, like faulty electrical wiring, it is unlikely you can get compensation from the condo association or management. Generally, a condo association has no responsibility to protect owners and residents from dangerous activity by other owners and renters. And the condo's insurance policy would only cover damage to "common areas and facilities", like the studs and sheetrock making up your walls, the floors, and such, but NOT things that are cosidered part of the unit itself, like the paint or paper on the walls, rugs, lighting fixtures, furniture, or other personal property.

If the fire started in a piece of electrical equipment (like a faulty toaster, or a lap-top battery that caught fire), then there may be a claim against the manufacturer or retailer of that equipment for what is called "products liability".

These claims can be pretty complicated and if you susained significant dmage it definitley would be worth your while to contact an attorney for a free consultation.