Tenants' Rights After a Fire

Fires kill more Americans than any other natural catastrophe united, and 84 percent of civilian deaths happen inside people’s homes. Fires will also be responsible for billions of dollars in property loss, as stated by the US Fire Administration. Tenants bear a large percentage of this burden. If your apartment has been ruined by fire you want to understand your rights and know what steps you should take to protect them.

Repairs

Tenants have the right of a safe and habitable rental unit. So landlords are responsible for repairing their rental house as soon as possible after a fire. Of course, if the fire was due to negligence on the part of the tenants, the tenants will be responsible for repairs, according to the North Carolina State University Cooperative Extension. Each state provides guidelines on what makes a rental unit habitable. For instance, in California, Civil Code Section 1941.1 and Health Safety Code Section 17920.3 legislate the requirements a rental unit has to meet. By way of example, a rental unit must have a roof, a warm and cold water supply, a sewage disposal system and a functioning electrical and heating .

Personal Property

Landlords are not responsible for the reduction of personal property of a tenant after a fire. This is due to the fact that the landlord had no control over the fire or over what property that the tenants decided to maintain the rental unit. If the renter has renter’s insurance they could follow their insurer’s procedure to file a claim against any property loss or damage due to the fire.

Leases

If a rental unit is really damaged it is unfit to live if you have the right to leave the house and stop paying rent. Request assistance from the local health department for advice on whether your home is unfit to live in. The health department’s report will be useful when determining disputes with your landlord over rental payments while repairs are made. Under certain circumstances you can cancel a long-term lease after a fire. As an example, if the expense of repairing the house is greater than a year’s lease, you weren’t responsible for the flame and you’re up-to-date with your rental obligations, you can generally cancel your lease. Be aware that tenants must inform their landlord as soon as possible of any damages caused by the fire or their legal rights might be affected. In some nations, tenants have legal grounds to cancel a long-term lease only if they inform their landlords within 10 days of the property damage occurring.

See related