Legal Question in Landlord & Tenant Law in Washington

legal procedures?

I lost a lot of my belongings in an apartment fire due to lack of maintainance by the management. I tried to contact the landlord to ask for reimbursement, but he has given no reply. I'm not quite sure where I'm supposed to go next from here. I don't have rentor's insurance so I'm on my own. How would I file a case against him? And if I can't afford a lawyer, is there some way I can receive legal help?


Asked on 9/03/04, 10:01 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: legal procedures?

Depends on where the fire was (inside or outside your unit?) and how it started (Is this clearly negligence on the landlord's part?) - I don't know enough from your post to answer that. That said, if it *is* negligence, Landlords, no matter how much they wish this was not true, CANNOT disclaim liability for negligence. Can't be done.

But he probably does not want to discuss that with you, which is why he's not talking. Stop talking to him and consider filing or getting counsel.

You might want to contact the Tenant's Union in Seattle, or Housing Justice if funding your case is a problem. There are people who take on cases like yours for a contingency recovery (portion of what you recover).

Or, you could take it to small claims yourself. Limit of what you can recover in small claims is $4K + costs. New rules make it possible for an atty to advise you without representing you, because attys are not allowed in small claims court. You can get the fire report from the fire dept, which will tell you their theories re causation. Start by making an inventory of what you lost. Add on the cost of moving, cost of being without your apartment (rent x 1 month?) the moving truck, etc. I am not promising you will win - I don't know enough about your specific facts.

If you get caught with the landlord having an atty, go ask for help and remind your atty that the statute, the caselaw and the contract allow fees to the prevailing party.

Powell

Have fun.

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Answered on 9/03/04, 10:43 pm


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