RPA Tenant Rights Blog » Legal Questions, Videos Post » What if fire destroys my building?

What if fire destroys my building?

By Tenant

Fire and natural calamities are two things that could completely damage your rental property. But these are instances that come unexpected, leaving you no time to prepare. You may not be able to save all your belongings; in fact, in the haste to get out, you may only bring a few clothes with you. So what happens then? Should your landlord be held responsible in making sure you don’t go homeless? What about your lease agreement? Can it now be broken?



  • The responsibility of the landlord is in the structure – that means, the physical apartment building. So once it’s safe to enter the building again, you and your landlord will do a walk through and document the damage. The damage should be documented in photographs and in writing. An objective report should be produced because you and your landlord will use this as a preliminary report that will be submitted to your respective insurance companies.
  • Your landlord may advise his insurance of the damage to the property while you tell your insurance company of the damage to your personal property. Remember that the landlord will take care of the structure but that will not include anything that belongs to you. Sometimes, if the damage is not extensive, you may want to just take care of it out of pocket because if you collect small claims, they would still affect your risk factor. Over time, that could trigger an increase in your insurance premium on your next renewal.
  • An attorney could be called in if there are provisions in the lease that are unclear especially when it comes to repair obligations, rental payments and insurance.

However, in case an attorney is out of the question because of the costs, you can use the services of a mediation center like the RPA. Here is the link to their complaint center: http://www.rentalprotectionagency.com/complaint_center.php

There will be non-profit organizations that will help you find a place to stay temporarily. The Red Cross helps, and so does your local government. Your insurance may also include temporary housing so you will not be living on the street.

If there is no lease in place, the landlord and tenant can mutually agree to stop the payment of rent and that the tenant find another place to rent. Your security deposit might be given back but that might probably be after the Fire Marshall has cleared you from fault of the fire.

Pin It
Email
Print

Related posts:

Holy Cow, we couldn't find any other related post. Sorry. :(

YARPP

Edited on: Wednesday, February 20th, 2013 1:57 am
Get Started

10 Responses to “What if fire destroys my building?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

February 20th, 2013 2:00 am

I hope this article acts like a fitting reminder to all those who try to ask their landlords to pay for the personal belongings. It’s not the landlord’s fault the fire happened. Besides, the landlord will already be spending a fortune to have the building repaired after the fire. So you cannot expect him to respond to your other requests.

Anonymous

February 20th, 2013 7:20 am

In the event of these emergencies and you are not around, it’s a somewhat soothing thought to know that your landlord has a key to your apartment. At least he can let your pets out or maybe help move some of your things if there is still enough time.


Anonymous

February 20th, 2013 12:40 pm

For tenants, they will be getting a lot of help from other organizations and the government as they find a temporary housing. If they have renter’s insurance, that’s great but if they don’t have any, they might need to ask their friends and family for help.

Anonymous

February 20th, 2013 6:00 pm

Most lease agreements would automatically terminate if the apartment complex is “no longer there”, meaning if it’s been destroyed beyond repair. In these leases, the owner may be liable to return a portion of rent and the security deposit. Yes, it’s not looking really well for the landlord but that’s how business goes.


Anonymous

February 20th, 2013 11:20 pm

Even if most of these would show that the landlord will be losing a lot, the tables could turn if it was found out that it was your fault. That is why it is best to have renter’s insurance at all times. That way, you would have a means to pay for all the costs the landlord has incurred and at times, including the insurance deductible and future increase because of what happened.

Anonymous

February 21st, 2013 4:40 am

Yes, a renter’s insurance really is important. My previous apartment got caught in a fire and if I didn’t have renter’s insurance, I wouldn’t know where to start again. The renter’s insurance took care of my personal belongings and even for a replacement apartment.

Anonymous

February 21st, 2013 10:00 am

I was frying fish and left if there for sometime and it caught fire. I thought the landlord’s insurance would pay for the damage but I was wrong. His insurance agency came after me and because it was about 100 thousand in damages, I had to file for bankruptcy.

Anonymous

February 21st, 2013 3:20 pm

Both landlords and tenants need to be careful when handling things that could start a fire. Insurance agencies will always go after who’s at fault so there is no running away.


Anonymous

February 21st, 2013 8:40 pm

Thank you for this article. It is packed with information,


Anonymous

February 22nd, 2013 2:00 am

Unfortunately, not a lot of renters have insurance policies. Be more careful about who you rent to landlords.


Close


Yes, the RPA® Can Help You!

Filing an official complaint is the nation's fastest way to solve tenant problems.

Not Ready? Learn more...

Ohio Complaint Filling Deadline  Tips/Suggestion

Need Help Filing Your Complaint?

Agents Available Mon- Fri 10am to 10pm

Recently Resolved Complaints:

See how the Nation's Rental Authority has helped thousands of tenants already!

Ask Question:

Post a new question to the RPA Tenants rights forum.

You Have Tenant Rights.
Recently Posted Questions:

Over 4,000 questions have been asked by tenants including these new posts:

Tenant Rights Categories

Popular categories about renters rights.