Can I sue for damages on a rented destroyed unit
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Can I sue for damages on a rented destroyed unit
Hello, back in August my rented condominium was condemned due to heavy smoke and structural damage due to a fire caused by a condominium in my complex same wing of my condo. I was displaced and had to find another place to live due to the damage caused by the fire/smoke. I did have renters insurance and was compensated for the personal property loss, there was no personal injury suffered.
Does the occupant of the condo that caused the damage hold any responsibility to the others who were affected by the fire? I am not completely sure of the process and being I am only the tenant and not the owner I was not sure if options to claim damages against the owner is viable. A couple of people have asked me if I have contacted a lawyer so I was curious being I don’t know the laws intimately.
Asked on November 17, 2017 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) The neighbor may be liable IF the neighbor was at fault in causing the fire, such as through carelessness (e.g. smoking in bed; leaving a pot cooking unattended). However, if it was not their fault (e.g. a wiring short), they are not liable. This means that you'd have to be able to prove by a "preponderance of the evidence" (more likely than not) that they were at fault, using or presenting evidence, such as fire report and testimony of a fire investigator.
2) However, you are only entitled, when there is no personal injury, to compensation for damaged property, clean-up costs (e.g. to get rid of smoke or water), and for the cost if you had to stay elsewhere while your unit was fixed (like if you had to pay for a hotel). If you have already received compensation (such as via insurance) for all, or even most (since there's no point in suing over a small amount) of this, there's no reason to sue: you can't get additional compensation for anything for which you have already been paid, and are not entitled to compensation for inconvenience, your time, or stress.
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