my apartment caught fire-severe damage. I am being, and denied both entrance and access to my personal belongings in the apartment- since the date of the fire. some things were not damaged. My rent is current and has always been and my rental agreement is still in effect. I was told by the management that I cannot enter my rented property. Not even to retrieve my personal, important belongings, such as US Mail addressed to myself only, financial records, identification, and my employment related documents. Most importantly my medication and medical information. There is no notice or evidence of any legal agency investigating me, and I have no way to prevent strangers from tresspassing against my home.
Answer:
No.
If the property has been deemed not-livable they do have the right to prevent you from living in it, BUT you have the right to obtain your personal belongings....usually the landlord or someone will escort you into the property to obtain whatever you need...but for whatever reason the landlord is not letting you, you need to call local law enforcement and they will come down, talk to the landlord, and either get the landlord to let you or they will personally escort you. But don't worry, either way it is your right to be able to obtain your personal belongings.
You have a right to get your property and he has not right to keep you from getting it, take a law enforcement officer with you, and a truck and get your property, take him to court.
The Fire Department has most likely told the landlord that it would not be safe for you to reenter the apartment.
You need to check with the fire department to find out when you can be allowed access.
Your landlord is afraid of you or someone else being injured in the severely damaged apartment. He could be sued if that did happen, and he is likely having enough to deal with because of the fire.
One of my neighbors had a severe fire in their home, and they were not allowed back into the home for nearly two months until all investigations were completed and structural damage was closely evaluated.
It might be a safety issue at this point, and allowing you entry might leave them at fault if you were injured. You need to get clarification from them as to why you are being denied entry, as it sounds like you have good reasons to want to get in.
You might want to check with the fire department or fire marshall. They may have declared the property off limits due to structural damage.
It might be that the structure is unsafe...if that is the case or if the police are investigating the fire itself..yes you may be banned.....talk to a lawyer....
you answered your own question...although some of your things were not damaged there was still a fire. it is a liability for anyone other than fire fighters to enter the apartment at this time more than likely, your landlord doesnt want to be sued. ask him nicely if the damage is the reason and if yes then ask someone from the local fire department or fire marshalls office to either enter the home and get the items for you......or wait till the fire marshalls office is finished their investigation of the fire and clears the house as being safe. this is why they tell you to keep all your important documents and stuff in a locked fire proof box..ive seen cases where people were never able to return to their home after a fire, (my sister used to be a deputy fire marshall) usually if there are items in the house that havent been destroyed they will retrieve them for you. it could also be that the fire was suspicious in which case until the investigation is done your apartment is a crime scene.
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