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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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