Landlord Burned the House Down

Landlord Burned the House Down

Member since 2020 · 2 posts · 0 votes

I'm helping out a friend whose rental home burned down last week. It was a shared house arrangement - the landlord is an older woman, and she rented out two bedrooms in her home, one to my friend and one to another renter. All three shared the living space. Last week, my friend came home to find the house had caught fire, and is no longer habitable. The landlord was outside, and she said she'd lit candles in the main part of the house, then went down into the basement, leaving the candles unattended, and that was what caused the fire. I guess there weren't any operable smoke alarms, either, since she said the fire was pretty much out of control by the time she realized anything was wrong.

The landlord's son is now trying to help his mom get back on her feet, while my friend is trying to get help from a housing aid organization (not easy in the middle of this quarantine situation!). He's already balked at giving her back the security deposit, so she's asked me to help her write out a letter to him with a formal demand. She also pointed out the part in her lease that says the landlord is liable for damage caused by her own negligence, and leaving candles unattended and not keeping smoke alarms in operable condition would certainly cover that.

I told her she probably COULD make a claim, at least to the landlord's insurance company, but that I'm not sure if she really SHOULD. Does anyone have any insight into just how difficult it may be to file a claim like this? We're in Virginia, which I know doesn't have the most victim-friendly personal injury laws, and there is definitely no way she could afford to hire an attorney to represent her. On the other hand, she has a third person who also heard the landlord admit the fire was her fault, and there may be some report from the fire department about the cause of the fire to back that up as well. Any advice?

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Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
6y
Originally posted by @Colleen Ayers:

I'm helping out a friend whose rental home burned down last week. It was a shared house arrangement - the landlord is an older woman, and she rented out two bedrooms in her home, one to my friend and one to another renter. All three shared the living space. Last week, my friend came home to find the house had caught fire, and is no longer habitable. The landlord was outside, and she said she'd lit candles in the main part of the house, then went down into the basement, leaving the candles unattended, and that was what caused the fire. I guess there weren't any operable smoke alarms, either, since she said the fire was pretty much out of control by the time she realized anything was wrong.

The landlord's son is now trying to help his mom get back on her feet, while my friend is trying to get help from a housing aid organization (not easy in the middle of this quarantine situation!). He's already balked at giving her back the security deposit, so she's asked me to help her write out a letter to him with a formal demand. She also pointed out the part in her lease that says the landlord is liable for damage caused by her own negligence, and leaving candles unattended and not keeping smoke alarms in operable condition would certainly cover that.

I told her she probably COULD make a claim, at least to the landlord's insurance company, but that I'm not sure if she really SHOULD. Does anyone have any insight into just how difficult it may be to file a claim like this? We're in Virginia, which I know doesn't have the most victim-friendly personal injury laws, and there is definitely no way she could afford to hire an attorney to represent her. On the other hand, she has a third person who also heard the landlord admit the fire was her fault, and there may be some report from the fire department about the cause of the fire to back that up as well. Any advice?

 Hi Colleen,

Have your friend look into legal aid.

They should know the laws about this, and be able to advise her properly.

Good Luck!

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  • Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes
    6y

    @Colleen Ayers

    In Virginia:  The security deposit and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within 45 days after the termination date of the tenancy.

    If this does not happen, you can bring them to court. You most likely will not need an attorney. Contact your state housing and see where they direct you; there might be free legal counsel for tenants.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y
    Originally posted by @Colleen Ayers:

    I'm helping out a friend whose rental home burned down last week. It was a shared house arrangement - the landlord is an older woman, and she rented out two bedrooms in her home, one to my friend and one to another renter. All three shared the living space. Last week, my friend came home to find the house had caught fire, and is no longer habitable. The landlord was outside, and she said she'd lit candles in the main part of the house, then went down into the basement, leaving the candles unattended, and that was what caused the fire. I guess there weren't any operable smoke alarms, either, since she said the fire was pretty much out of control by the time she realized anything was wrong.

    The landlord's son is now trying to help his mom get back on her feet, while my friend is trying to get help from a housing aid organization (not easy in the middle of this quarantine situation!). He's already balked at giving her back the security deposit, so she's asked me to help her write out a letter to him with a formal demand. She also pointed out the part in her lease that says the landlord is liable for damage caused by her own negligence, and leaving candles unattended and not keeping smoke alarms in operable condition would certainly cover that.

    I told her she probably COULD make a claim, at least to the landlord's insurance company, but that I'm not sure if she really SHOULD. Does anyone have any insight into just how difficult it may be to file a claim like this? We're in Virginia, which I know doesn't have the most victim-friendly personal injury laws, and there is definitely no way she could afford to hire an attorney to represent her. On the other hand, she has a third person who also heard the landlord admit the fire was her fault, and there may be some report from the fire department about the cause of the fire to back that up as well. Any advice?

     Hi Colleen,

    Have your friend look into legal aid.

    They should know the laws about this, and be able to advise her properly.

    Good Luck!

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    Security deposit?  Really?

    In my non-attorney understanding of the post the tenant has grounds for an action.  However, what exactly were the tenant's damages besides having to move?  

    If the tenant had renter's insurance that would be a major help.  Hopefully the owner has insurance, and legal aid could possibly contact the owner's insurance to make them aware of a pending suit.  

  • Member since 2020 · 2 posts · 0 votes
    6y
    She lost most of her personal possessions in the fire, and frankly it's pretty scary for her to be homeless right now in the middle of all the virus stuff. But mostly she just wants to recover for what she lost; she didn't have renter's insurance, was still in the middle of setting that up. (Unfortunately. We've already had a discussion about how important it is to set that up IMMEDIATELY when she gets a new rental.)

    Thanks for some of the advice. I did some more looking around and I did find a legal aid clinic nearby that she might qualify for, so I'm going to have her call them.
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