lundi 29 février 2016

Holding Over: Recovery of Belongings After House Fire

My question involves landlord-tenant law in the State of: California
We have leased this house for 12 years. January 4, 2016 it caught on fire releasing asbestos throughout the house. We did not have insurance. The landlord had us sign a liability waiver to remove our belongings and only gave us only until 1/31/16. We could not hire anyone to help due to the contamination and OSHA laws. The two of us were only able to remove part of our things, by ourselves, working in hazmat gear during daylight hours.

We pleaded for more time. On 1/25/16 the landlord had us sign a termination of the lease as of 1/4/16 (day of the fire) citing she gave us until 1/21/16 and we were in a holdover - she would give us one more week until 1/31/16 and and that was final. However the first document identified 1/31/16 as the termination. Therefore we had until 2/8/16.

She deferred to her insurance company needing to proceed. Since 2/8/16 two weeks passed without any work being done on the property. She could have given more time.

We emailed a week ago that expensive jewelry was left and asked for retrieval. No response.

It has come to our understanding that given the duration of our lease we should have been given 60 days not the one month and 4 days. We are not sure if that applies to these circumstances.

Any help would be appreciated.

Thank You!

RMMS


Holding Over: Recovery of Belongings After House Fire

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