moving out due to fire

[erik66]

Our friend has to move out of her rent regulated apartment because of a fire. Apparently the cause was due to an electrical fault in the apartment below. She has been out for almost two weeks now. She will be able to move her things out this coming weekend and then will be out for about two months while the apartment is being repaired. What are her rights as to having to continue to pay rent and/or collecting damages from her LL? Who is responsible for paying her moving expenses?

[custudent]

In my experience, the best (and easiest) way to collect damages after a fire is for your friend to file a claim through her renters insurance.

The insurance company will investigate the fire. The cause of the fire is very important in determining who is responsible for paying damages. If the fire was caused by the landlord's failure to maintain the building, the insurance company will sue the landlord. If the fire was caused by another tenant's negligence or wrongdoing, the insurance company will sue that tenant. In any case, there is very little cost or hassle for the person filing the claim (usually just the deductible).

For your friend to prove herself how the fire started, who was responsible, and what was the value of the damaged belongings will be both expensive and time consuming.

And I wouldn't count on the landlord "offering" her fair compensation for her belongings.

[Zamindar]

Getting the landlord to voluntary pay for your loss is not likely going to happen, and it would also take an exceptionally long time to sue, win, and ultimately get paid, if you ever get paid. The simplest and quickest course of action is to go through your insurance company, and let them sort things out later.

[erik66]

She is not insured so that doesn't bode well. Her roomate however was insured and ironically didn't suffer very much damage.