Legal Question in Landlord & Tenant Law in New York
Our apartment building has caught on fire on December 26. It was a three-story building and we lived on the third floor. The fire happened on the second floor, and my husband was actually the one who discovered the fire since no one was in the 2nd floor apartment when it happened. We do not have renter's insurance, but since the fire wasn't caused by us. We have smoke damages in our apartment, and we cannot live in the apartment going to a month now. We are currently living in two places. I have three children who are going through post traumatic stress due to the incident. Do we have a case against the landlord who was claiming insurance for the fire damage? The landlord originally offered us a place to live in then decided not to give it to us after learning that it would take about six months or more to process insurance and construction of the building. Please help. I do not know what to do anymore.
2 Answers from Attorneys
Q. Do we have a case against the landlord who was claiming insurance for the fire damage?
A. Probably since there was no alarm and the fire was discovered by your husband.
Maybe you should find a new place to live, and sue the landlord for the difference in the rent, together with any loss from smoke damage.
Mike.
You would likely have a viable action against the landlord. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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