Legal Question in Landlord & Tenant Law in Washington

reimbursement for apartment fire?

I've been living in my partment for almost two years. This summer, I left my apartment for a two-month vacation, leaving only the electrical switch for the refrigerator on. A week before my return, I receive a phone call telling me there's been a fire which started in the refrigerator because of some malfunctioning. The fire was contained in the refrigerator, but the rest of the apartment suffered severe smoke damage. However, the refrigerator came with the apartment and is not my property, so do I have any grounds to demand the apartment for reimbursement for my property damages?


Asked on 8/30/04, 3:56 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: reimbursement for apartment fire?

You know, this is a really good question and the answer could turn on some picky details. First, did you do a walk-though and agree with the landlord that the fridge was in good working order? Second, did it ever give you any problems you knew about? If so, did you tell your landlord - in writing?

If it had never been a problem before, how did you learn of the fire? Did somebody call you? Did the landlord take any efforts to preserve your stuff? Or did they just leave it as a present for your return?

Was the place habitable when you got back? (I'm guessing no). Did you move out?

That's called a *constructive* eviction.

You probably are going to have a great time in small claims court. The measure of your damages is the rent you paid while the place was uninhabitable. His insurance company is going to argue that your stuff getting ruined is your responsibility, and a judge might buy it or not. Read up on RCW 59.18.020 - the whole thing, and don't forget your damage deposit. You may be able to get an atty. to help you as the RLTA provides for reasonable atty's fees. Take pictures.

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Answered on 8/30/04, 9:50 pm


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