Rental Property Fires
Unfortunately, fires in California are much too common, and the damage that they incur is more than disastrous. In fact, according to the National Fire Prevention Association, there are an estimated 100,000 rental property fires in any given year, causing damages that add up to billions of dollars.
Who Is Responsible: The Tenant?
When it comes to a fire, it can be confusing as to which party is responsible for covering the costs of all of the damage. The answer is this: if the fire was not caused by the negligence of a particular tenant, then both parties — the tenant and the landlord — are partially responsible for alleviating the costs of damage.
In the case that the cause of the fire was not due to the actions of a tenant, the tenant holds responsibility for handling the loss of any damage that has been done to personal possessions. If the tenant has renters’ insurance, then the damage done to furniture, clothing, and other belongings is already covered, as well as the cost of relocating the tenant while repairs are being made.
However, if the cause of the fire was a tenant who has made the mistake of smoking inside the rental unit, forgetting to turn off a candle that has been lit for hours, or any other applicable reason, then the tenant herself or himself is responsible for covering the costs of repair. Although the policies may differ according to the residing state, this is usually the case for most areas.
Who Is Responsible: The Landlord?
For landlords, even if the fire may not have been caused by the negligence of the landlord, he or she is responsible for restoring the rental property as soon as possible, because tenants possess the right to live in a home that is habitable. A landlord who has a stable homeowners’ insurance policy in place will receive assistance, and the insurance company will cover the cost of repairs instead.
If you are experiencing hardship due to a recent fire or you still have questions regarding rental property fires and your rights as a tenant, do not hesitate to contact us by filling out our online form here.