What Are a Landlord’s Responsibilities After a Fire?

A fire can not only be devastating to you, the landlord, but also to your tenants. It can be difficult to navigate through the best course of action in this situation or understand what your responsibilities are. In order to help, here is a list of what you can do to manage your losses and damages:

1. Document All Damages

If the fire department has determined that your building is safe to enter after the fire, it's important that you conduct your own investigation and document all of the damages done by the fire. You may want to have an attorney, insurance agent, or possibly even a forensic investigator with you to provide expert opinions depending on the severity of the fire.

You’ll want to document not only the damages you can see, but also ones that you may smell or hear. You should be documenting these damages in writing, pictures, and video to document a vivid picture of what's been done to the apartment. This will help save you both time and money in the event of a lawsuit. It's also vital when filing an insurance claim as it will ensure that you're receiving the proper funds to repair your property.

Finally, you should also review your lease agreements to ensure you're clear on any language regarding property damage. Dealing with a fire is stressful enough, and you don’t want to find yourself in court because you failed to follow your lease agreement.

2. Determine Who’s Responsible

After speaking with both the tenants and the fire department, the cause of the fire should be clear, and you’ll usually be able to determine who is responsible for the costs of the damages. If the fire was caused by a faulty structural element, your insurance will be responsible for covering most, if not all, of the necessary costs.

However, if the fire was caused by a tenant, it's likely that they will be responsible for covering the costs of all the damage caused by the fire. In this case, your insurance will seek the costs from the tenant’s insurance company. If the tenant’s insurance does not cover all of the costs, or if the tenant does not have insurance, the tenant will be required to provide the funds themselves.

3. Have Repairs Made

After a fire, landlords are required to relocate their tenants while repairs are being made. During this time, you won't be receiving any rental payments from your tenants. This means it's in your best interest to make the necessary repairs as soon as possible as you don't want to have a vacant property for longer than necessary.

Additionally, unless you have adequate experience, you should never do the repairs yourself. Fire damage is often much more extensive than typical property damages, which means it's best to hire someone who has experience dealing with these damages.

4. Have Your Property Reinspected

Once you have made the repairs, you should get your property reinspected. If your property passes the inspection, you'll be allowed to have tenants in your property and you'll be able to collect rental payments again.

If you don't get your property reinspected, you'll be unable to get a certificate of occupancy, which is the only way for your property to be released. Additionally, renters may not feel safe living on your property without it having passed an inspection.

Common Types of Damage Caused by Fires

Now that you're aware of the steps that should be taken when dealing with a fire on your property, it's also important to know what kind of damages you may encounter and how to deal with them. Here is a list of common damages caused by a fire as well as how to handle them:

The first step, regardless of what type of damage it's, is to determine how severe the damages are. This will help you prioritize certain damages as well as inform insurance companies on what needs to be repaired. Be sure to be as thorough as possible as you don't want to find yourself paying large fees out of pocket because you failed to mention the damage to the insurance company.

Property Damage

Damage to the property itself can include things such as the walls, ceilings, windows, and more. This type of damage is made to the structural components of the building. If there is substantial property damage, the fire department may mark the building as unsafe to enter.

Property damage can expand to cover more than just the structural components however. It can also include appliances and things such as countertops and cabinets, which can be easily damaged in a fire. Be sure to document this damage in writing and through pictures.

Property damage should be the number one priority when documenting damages. This should be done before taking into account any other damages as property damages can be the determining factor on whether or not your property is still safe for both you and your tenants to enter.

Damage to Personal Belongings

When it comes to a tenant’s personal belongings, the cause of the fire will determine who is responsible for the costs of these damaged belongings. For example, if the fire was caused by the landlord’s negligence, the tenants have the right to sue the landlord for the costs of these belongings. However, if the fire is caused by anything outside of the landlord’s control, such as a burning candle in a tenant’s apartment, it's up to the renters’ insurance to cover the costs of the damaged belongings.

It's possible for all financial losses caused by the fire to be covered, however this is dependent on the insurance company as well as the type of liability insurance the tenants have. This means there is potential for all medical bills, property damages, lost wages, etc. to be covered.

Relocation Costs

If the fire was caused by the landlord’s negligence, they may be required to provide their tenants with a place to stay while the property is being repaired. This, unfortunately, can be very costly as you're not only expected to cover the repair costs, but also the housing costs for your tenants. you'll also lose all rental payments during the time that your tenants are relocated.

In order to help with these costs, you may want to look into investing in an insurance that will assist with the costs. In fact, quality insurance is likely to cover most, if not all, of these costs. This can be extremely helpful, especially if you're responsible for relocating multiple tenants.

Was Your Property Damaged in a Fire? Get the Protection You Deserve

If your property is damaged in a fire, it can put an immediate stop to your ability to bring in revenue from rent. Not only that, but the fire remediation process can be incredibly long and costly, putting you under a great deal of pressure from a financial standpoint. If one of your tenants caused the fire, it’s vital that you’re compensated for the damage to your business.

Unfortunately, renter’s insurance companies will try to make sure you receive as little as possible. To receive what you’re truly entitled to, you need a lawyer who can stand up for your interests. At Outerbridge Law, our team has the experience to protect landlords big and small. If you think you have a case, contact Outerbridge Law today to schedule an initial case evaluation.