If there was a fire in my apartment, canmy landlordkick me out if there are other units arefor rent?

UPDATED: Mar 4, 2011

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If there was a fire in my apartment, canmy landlordkick me out if there are other units arefor rent?

They are kicking me out after a grease fire destroyed my apartment. I live in Section 8 housing and there are other units for rent. I lost everything in the fire. Do Ihave rights because the fire was caused by my negligence. I have 2 kids as well (one with breathing problems).

Asked on March 4, 2011 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If the fire was caused by your negligence, then you probably do not have grounds to stay. In the first place, damage to the landlord's property is a common ground for eviction. In the second place, the landlord would not be in breach of the lease, since the inability to give you that apartment is not due to anything the landlord did (not landlord's fault).

2) A lease is for a specific apartment. A Section 8 subsidy helps pay for the apartment, but does not give you a guaranteed right to housing. A landlord is not obligated to allow you to rent a different apartment in the building or complex.

With a section 8 voucher, you should be able to find other housing; this particular landlord is not required to provide it, however.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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