A fire can happen to any structure, even an apartment or rental property. If you are living in a building owned by another person, who is responsible for paying for the damages? Do landlords have to ensure that tenants have a place to stay? What are a tenant’s rights?
Under California Civil Code § 1941 , a structure must be deemed habitable. This means it must be up to code and have the basic necessities, such as water and heat. When a fire burns down an apartment or home, it becomes uninhabitable.
If the structure is damaged but not completely destroyed, then the landlord’s insurance company should cover the repairs . The insurance company, however, is not liable for a tenant’s personal property damage. If the property is destroyed and determined to be uninhabitable, then the landlord must terminate the lease. The landlord cannot force the tenant to continue paying rent for a property that is now uninhabitable. This is against California law.
As a landlord, you should know that you are not required to pay for any expenses for the tenant to move out and find a new place to live. Hotel costs and any other costs to rent a new place are not your responsibility.
A tenant should have renters’ insurance to cover repair or replacement of any personal items. If a tenant does not have insurance, then they will have to replace the items out of pocket. However, if it can be proven that the landlord’s negligence led to the fire, then the tenant may be able to receive compensation from the landlord’s insurance company.
If the fire caused significant damage to your property and has made it somewhat unusable, you have the right to terminate your lease. Submit your termination in writing and you will not be forced to stay in the place and continue to pay rent.
If the tenant caused the fire, then they will be responsible for paying for damages. If they have to find another place to live due to a fire destroying their residence, they must pay the costs on their own. The landlord is not responsible for relocation costs. The tenant, however, does not have to continue to pay rent, since the rental property is no longer habitable.
There may be non-profit organizations available to help you find housing and pay for damages. Red Cross and FEMA may be able to provide assistance. Shared Housing and Resource Exchange programs can also help you find a new place to live.
Whether you are a landlord or a renter, you may have questions about what will happen after a fire destroys your property. Do you have to continue to pay rent? What are your responsibilities as a landlord?
The legal team at The Wildfire Lawyers can answer your questions. We can help you understand your legal rights and see if any compensation is available for your losses. Contact one of our several locations throughout California. Schedule a consultation by calling (888) 501-6083 or filling out the online form .
Posted in Wildfire Lawyer Tagged rental property attorney, rental property lawyer