WHAT IS YOUR LANDLORD'S RESPONSIBILITY AFTER A FIRE In Washington?

Published on November 8th, 2023

Anything can cause a fire — faulty wiring, candles, portable heaters.

An apartment fire is devastating to both tenants and a landlord. In such situations, a big question is: Who should be responsible?

Regardless, tenants have rights, and landlords have responsibilities after a fire.

You must know what a tenant's rights are so you can manage your losses. Depending on the situation, you may have to share the burden with your landlord or be entitled to compensation.

Below, we'll talk about the duties of a landlord after a fire.

First, let's discuss the landlord's duties outside of an apartment fire. They can mostly be separated into two general categories: providing a safe environment for tenants and overseeing maintenance and repairs.

Legal Obligations

Landowners should comply with building codes and fire safety regulations — including other related obligations, such as disclosing fire damage during property sale even after they've repaired everything.

The landlord should also have insurance for the apartment.

However, this insurance doesn't necessarily cover your personal belongings. As such, you should also get renter's insurance to claim something in case of emergencies.

Duty of Care

Landlords should always assess the structure for any damage and make any necessary repairs immediately. Not doing so can fall under the landlord's negligence if accidents like fires happen because of it.

The landlord should install smoke alarms, ensure usable fire exits, and check if the electrical system is safe, among other things.

However, they're not legally required to provide smoke detectors or fire extinguishers unless it's stated in their contract.

Landowners should also provide temporary housing for tenants if disasters compromise the habitability of the rental property.

Impact of Rental Agreements

The terms of your rental agreement will affect your landlord's duties after a fire.

As such, check your lease agreement to see if it contains specific clauses for fire damage, insurance, and allocation of responsibilities.

You might even see clauses attempting to limit the landlord's liability for fire damage. However, rights and responsibilities established by local and state laws cannot be waived through a lease agreement.

When landlord negligence causes property damage (like apartment fires), they'll be responsible for the costs.

However, tenants have insurance that can help them in this situation — whether for replacing personal possessions or protecting them from legal consequences.

Insurance Coverage for Tenants

Renters insurance can cover some things that landlords insurance won't. The most important aspect of a tenant's insurance is that it covers personal belongings.

So, in the case of a covered disaster like an apartment fire, the insurance company takes on the cost of replacing or repairing damaged and destroyed items like electronics and furniture.

The renter's policy may also cover medical bills and lost wages.

Having liability insurance also protects tenants from legal and financial consequences if they are found responsible for the fire.

Some policies also cover a tenant's belongings even when they are not on the rental property. This means that if personal property is stolen, damaged, or lost while outside the rental unit, the insurance company may still pay for it.

Landlord's Insurance Coverage

Many landlords have good insurance coverage to get the necessary funds to repair their property in cases of covered disasters. There are several things a landlord's insurance should ideally cover.

• Dwelling coverage - This covers damage to the apartment itself, including repairs to the structural elements, roofing, and walls.
• Liability coverage - This protects landowners from legal claims or expenses if a renter or visitor is injured while on the property and sues for damages.
• Loss of rental income - Some policies cover the loss of rental income while the apartment undergoes repairs.

Fire damage coverage - As the name implies, this covers damage caused by fire (including mold, water, soot, and smoke damage).

Installing smoke alarms, covering relocation costs, and ensuring there's no faulty wiring are just some examples of landlord responsibilities after a fire.

If you still have more questions about who you should pay for fire damage, we've answered some below.

Who Is Responsible for Damage to Personal Belongings in a Fire?

Whoever is responsible for the apartment fire will also be responsible for damage to personal belongings.

So, if the fire is because of landlord negligence, you can sue them for personal property damage. However, that will be the tenant's responsibility if they cause the fire.

Either way, the guilty party can start a claim process with their insurance company to cover the costs.

Can a Landlord Evict a Tenant After a Fire Incident?

No, a landlord can't evict a tenant after a fire incident if the tenant isn't responsible for the fire. Instead, you should hold the landlord responsible for looking for accommodations for the dislocated renters and repairing property damage.

However, if the renter caused the fire, they can be expelled from the property. If not, the renter can't refuse to continue rental payments, and they should also help cover the costs of repairing the apartment.

Does a Landlord Have to Provide Alternate Accommodation After a Fire?

Yes, a landlord should provide temporary accommodations or other necessary arrangements after a fire while the damaged unit is being repaired.

They should also maintain good communication regarding the situation and an estimated timeline for repairs.

Can a Tenant Break the Lease After a Fire?

If the apartment fire has rendered the unit uninhabitable, a renter may be able to break the lease. However, this ultimately depends on their contract.

If the apartment is only temporarily uninhabitable, you might not be able to terminate your lease.

If the contract doesn't mention termination after a disaster, you might still be able to do so if the apartment is a total loss.

However, whether or not an apartment is a total loss or not depends on the insurance adjuster rather than the owner.

What Should a Tenant Do After a Fire in Their Rented Apartment?

There are several things that tenants should do after a fire occurs:

• Make your own investigation and document the damage, which can help when you claim insurance later on.
• Contact your insurance company and inform them about what happened.
• Review your lease to understand what's expected of both you and your landlord.
• Consult legal professionals or tenant advocacy groups to further understand your rights and responsibilities, especially if you're facing disputes or uncertainties.

Whoever commits apartment fires negligence should be the one to shoulder the financial burden of repairing the property damaged.

Landlord negligence (such as overlooking faulty wiring and lack of fire exits) means they'll be held responsible.

However, if a renter is deemed negligent, they must share the responsibility. They won't be able to stop paying rent and will also have to pay for other expenses to help repair the fire damage.

As such, both the landowner and the renter need to have good insurance coverage so they won't have to pay out-of-pocket in case of a fire.

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