Apartment Fire and Backrent

[dylan0483]

Hello everyone this is my first post. I live in New Jersey and I am having quite a problem. I lived in an apartment for a little bit over a year. Around March, a fire broke out at my apartment and resulted in near total destruction. Luckily, I had renters insurance and the damage as well as my personal belongings were covered in the policy. However, I received a mail damanding over eight thousand dollars in rent (the remainder of my lease). I am a college student and would have a difficult time finding funds for that type of demand, but that is a sidenote.

The cause of the fire makes this issue complicated. The fire inspector said that there were a lot of things plugged into the outlet (I do not believe it was anything in excess of what I have used in different locations and it was the same setup in this location for a period of a year). He also noted that the circuit breakers never tripped.

I know that in New Jersey, if a fire occurs that leaves an apartment uninhabitable, the lease is automatically terminated. However, it does state that this is true only in the case that the fire started through no negligence of the tenant. The fire report did not indicate negligence and did indicate that the circuit breakers did not trip. Am I at fault or is this worth fighting?

Thank you so much for your help. I really appreciate it.
JP

 

[JETX]

Am I at fault or is this worth fighting?

Based SOLELY on the information in your post, in my opinion, no.
It sounds like the owner may have had a defective circuit breaker.... as the breaker should have tripped due to the excessive load.

 

[dylan0483]

Thank you for the quick reply. I suppose, correct me if I am wrong, that even if the circuit is overloaded, it would still be the landlords fault because the function of the circuit breaker is to cut off electricity in the even of an overload. If the circuit breaker was fully functioning, wouldnt it have tripped before the fire even took place?

I realize this is leaving the legal world and entering the electricians world. I am just curious if their request for backrent is a desperate attempt to make more money or if I should get an attorney to protect myself. I dont understand how this fire could be considered negligence on my part. Granted, I am the one in the situation so I am hoping to get some other opinions. Thank you again,
JP

 

[zippysgoddess]

You landlord is generally the person responsible for maintaining those kinds of systems in their rental property. If they breakers malfunctioned then I don't see how you can be held responsible, in addition, New Jersey has programs that help you as a displaced tenant.

Here's a link with tons of info:

http://www.lsnjlaw.org/english/placeilive/rent/tenantsrights.cfm

Unless you were warned something was wrong and they were in the process of fixing it and you still overloaded an outlet then I would consult an attorney and let him lay it on them!

 

[Who's Liable?]

What does the Fire Marshal state? They can pinpoint exactly where the fire started and trace it back to the circuit breaker if that is indeed where it started...

Depending on the age of the building, the most likely culprit would be the circuit breaker... This is of course if you didn't have an excessive amount of devices plugged in to one single receptacle(outlet)...

 

[longneck]

It would be your fault if the breaker was rated for 20 amps, but the power strip or outlet expander you are using was only rated for 10 amps and your appliances were drawing more than 10 amps.

 

[JETX]

It would be your fault if the breaker was rated for 20 amps, but the power strip or outlet expander you are using was only rated for 10 amps and your appliances were drawing more than 10 amps.

And of course, that is NOT correct.
Reason: If the scenerio was as you describe, the wiring would have had to be faulty to have heated or arc'ed to cause a fire.

 

[seniorjudge]

What does the Fire Marshal state?

Writer, tell us the answer to this question please. Thank you.

 

[longneck]

And of course, that is NOT correct.
Reason: If the scenerio was as you describe, the wiring would have had to be faulty to have heated or arc'ed to cause a fire.

WRONG! And of course, my post IS correct.

The OP never stated WHERE the fire was, i.e. in the apartment wiring or the applicance wiring or in the powerstrip.

If the fire was in the apartment wiring, then the LL is liable. If the fire was in the appliance or powerstrip, then the OP is liable, especially if he overloaded the powerstrip.


JETX- I like your posts. You almost always hit the nail on the head the first time, but I think you missed the intent of my post here.

- Carl

 

[JETX]

WRONG! And of course, my post IS correct.

The OP never stated WHERE the fire was, i.e. in the apartment wiring or the applicance wiring or in the powerstrip.

If the fire was in the apartment wiring, then the LL is liable. If the fire was in the appliance or powerstrip, then the OP is liable, especially if he overloaded the powerstrip.

If you had made that clarification in your post, it might have been correct. Without it, your post wasn't.

 

[Jpony]

You said that you had renter's insurance, sometimes that includes personnal liability. You should check with them, you might be covered if you are at fault and they should defend you if you're not, at least that's what my insurance told me they would do.

 

[south]

Fight it, the report does not say it was your fault which means there may have been something faulty or old about the wiring in the building, the circuit breaker should have tripped, either way the owner was paid out for damage, he cannot ask for rent when it is un-habitable.

For a stab in the dark you may want to check his insurance or yours for re-housing costs.

Hello everyone this is my first post. I live in New Jersey and I am having quite a problem. I lived in an apartment for a little bit over a year. Around March, a fire broke out at my apartment and resulted in near total destruction. Luckily, I had renters insurance and the damage as well as my personal belongings were covered in the policy. However, I received a mail damanding over eight thousand dollars in rent (the remainder of my lease). I am a college student and would have a difficult time finding funds for that type of demand, but that is a sidenote.

The cause of the fire makes this issue complicated. The fire inspector said that there were a lot of things plugged into the outlet (I do not believe it was anything in excess of what I have used in different locations and it was the same setup in this location for a period of a year). He also noted that the circuit breakers never tripped.

I know that in New Jersey, if a fire occurs that leaves an apartment uninhabitable, the lease is automatically terminated. However, it does state that this is true only in the case that the fire started through no negligence of the tenant. The fire report did not indicate negligence and did indicate that the circuit breakers did not trip. Am I at fault or is this worth fighting?

Thank you so much for your help. I really appreciate it.
JP

 

[dylan0483]

Wow, thank you guys for all of the help. I went away for a few days so sorry I couldnt answer the questions. The fire started in the room near the outlet/power strip. He noted in the report that there were a lot of cords but I do not believe it was anything in excess of what a normal person plugs into a power strip. He also noted that the circuit breakers never tripped which I believe they should always do if a circuit is overloaded?

My insurance did cover the costs of structural and personal losses up to 100 thousand. If it is more, I will need to get a lawyer to protect myself. I am more interested in whether or not it is considered "negligence." It the lease, it says that if a fire occurs and it is not due to negligence the lease is automatically terminated. Isnt negligence an ambiguous term though and if the fire report did not use the term negligence or a synonym of negligence can it still be ruled negligent?

Thanks again and let me know if I can clarify anything
JP

 

[seniorjudge]

Wow, thank you guys for all of the help. I went away for a few days so sorry I couldnt answer the questions. The fire started in the room near the outlet/power strip. He noted in the report that there were a lot of cords but I do not believe it was anything in excess of what a normal person plugs into a power strip. He also noted that the circuit breakers never tripped which I believe they should always do if a circuit is overloaded?

My insurance did cover the costs of structural and personal losses up to 100 thousand. If it is more, I will need to get a lawyer to protect myself. I am more interested in whether or not it is considered "negligence." It the lease, it says that if a fire occurs and it is not due to negligence the lease is automatically terminated. Isnt negligence an ambiguous term though and if the fire report did not use the term negligence or a synonym of negligence can it still be ruled negligent?

Thanks again and let me know if I can clarify anything
JP

I want to know EXACTLY what the fire marshal's report said.

 

[ENASNI]

Hello

In case you did not hear what Da Judje said/asked We want to know EXACTLY what did the Fire Marshalls report report


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