Dozens Of Families Lose Home In Duncan Apt. Fire, What Are Your Rights As A Renter?

UPDATE Tuesday

As fire investigators try to figure out what started a fire at the Haven At Berry Shoals Apartments on Saturday, dozens of families displaced by the fire are starting over.

7 On Your Side is looking into their rights as renters, and what your rights are if fire were to damage or destroy your apartment.

We asked Greenville lawyer Charles Marchbanks for his advice.

"A renter's rights are determined by the lease agreement that they sign," explained Marchbanks. Most leases are generic for everyone who lives at a complex. Marchbanks says there is usually a specific paragraph in the renter's agreement, requiring the tenant to get fire insurance.
                                                                                                                                                  "They require the tenant to not hold the landlord liable for any damage to their stuff that's caused by fire," he said.

But regardless of the lease, there's a state law that governs these agreements. Marchbanks says if an apartment is a total loss from a fire, a tenant could get out of a lease and get back their security deposit, along with any prepaid rent on a prorated basis.
                                                                                                                                                    "So they can then go out and sign another contract, another lease in another location," Marchbanks said.

For renters who just have fire damage to their unit, Marchbanks says they could even get their rent reduced.     

UPDATE Monday 2:06 p.m:

District 5 is working on a district wide effort to provide assistance to the families.  Interested parties may make monetary or food donations to District Five Family Ministries at the Community Center at 84 Groce Rd. Lyman, SC.  

For more information please contact Director of District Five Familly Ministries, Lyn Turner, at lyn.turner@spart5.net or 864-439-7760.

UPDATE Monday 12:00 p.m:

Chief Patrick Evatt says a cause may never be determined in the weekend apartment fire.   He says several witnesses tell the department that a grill was on fire and spread to the apartment.  

A cat was rescued Sunday from the rubble.  Chief Evatt says that it was from a third floor apartment and survived the fire.  The cat is being treated at a local vet's office and is doing well. 

SATURDAY October 15:

Reidville Fire Chief Patrick Evatt said this is the worst apartment fire that he's seen in the Duncan area.

The flames began at about 4 pm on Saturday and crews were still putting out hot spots after 8 pm.

The fire departments totaled about 8 including Duncan, Reidville and Westview-Fairforest and they expected to be there throughout most of the night.

Evatt said it's also one of the largest complexes, packed with people, some of whom are now homeless.

Red Cross was on the scene assisting some of those now homeless including Darlene Velasquez, who just moved here from California.

"I was sleeping and I just heard someone yelling to get out and I just saw all the smoke and just screamed for my kids to run out and we ran out to the car," she said.

Evatt said bystanders helped rescue a woman trapped inside her unit. She was flown to Spartanburg Regional with difficulty breathing from smoke inhalation.

She was just one of 30-60 residents that lived in building 300.   Resident Chris Land said he say scary flames.

“I saw flames going 6 feet high in the air and people were running out. I was sitting on the sidewalk and you could feel the heat that far back on the sidewalk,” said Land.   

Reidville Fire said there's nothing to salvage from building 300 and the 32 units inside.

Neighbors said the fire started from a grill in the patio of an apartment complex on the back side but the arson team will be investigating further.

Chief Evatt said grills aren’t grills aren't allowed within 25 feet of the residence.

The building did have sprinklers everywhere but in the attics which the chief said, was where the fire spread and then grew.

The buildings were inspected in the spring and were up to fire code.

Chief Evatt said he thinks more people weren’t hurt because the fire took place during the day.