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Posted by Mark Smith on July 30, 1999 at 18:17:00:

In Reply to: Fire in the apartment - return of security deposit posted by Daniel on July 30, 1999 at 14:05:02:

There are two separate issues. Unless the fire department or buildings department declared the apartment unsafe, the landlord may have illegally locked you out by changing the locks, and you may be able to collect treble damages.

However, you didn't say exactly what was accidental about the fire. If you caused the fire, even accidentally, the landlord might be entitled to keep the rent for the remainder of the month as well as the security deposit, and you could be liable for the landlord's damages to restore the apartment. As a practical matter, the building is probably insured, and you might be sued for only the insurance policy deductible.

: I had a fire in my apartment. The fire department boarded up the apartment and the landlord installed new locks effectively locking me out.
: I found another place. The fire department judged the fire to be accidental. I had paid the rent for the full month in advance,
: and the fire happened on the 10 of the month. Do I have a right to a refund of the security deposit plus 2/3 of the rent for the month?

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Comments:
: There are two separate issues.  Unless the fire department or buildings department declared the apartment unsafe, the landlord may have illegally locked you out by changing the locks, and you may be able to collect treble damages.  

: However, you didn't say exactly what was accidental about the fire. If you caused the fire, even accidentally, the landlord might be entitled to keep the rent for the remainder of the month as well as the security deposit, and you could be liable for the landlord's damages to restore the apartment.  As a practical matter, the building is probably insured, and you might be sued for only the insurance policy deductible.

: 
: : I had  a fire in my apartment. The fire department boarded up the apartment and the landlord installed new locks effectively locking me out.
: :  I found another place. The fire department judged the fire to be accidental. I had paid the rent for the full month in advance, 
: : and the fire happened on the 10 of the month. Do I have a right to a refund of the security deposit plus 2/3 of the rent for the month?


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