How To Determine Whether the Landlord or Tenant is Financially Responsible for Fire Damage

11/5/2020 (Permalink)

Which Party Is Responsible To Pay For Repairs Of The Fire Damage?

One of the main duties of landlords is to provide a habitable dwelling for their tenants. They need to make sure the dwelling is safe, livable and properly maintained. There are even laws that protect renters by ensuring compliance from their landlords. What happens if a disaster strikes like an apartment fire, though? 

Structure Damage
The landlord must pay for professional fire restoration to repair structural damage after a fire in a Rosemont, IL, apartment. Structural damage includes:

• Plumbing
  
• Electrical system
  
• Interior and exterior structure
  
  

The good news for landlords is they most likely do not need to pay out of pocket for the repairs. A homeowner’s policy usually covers the cost of repairs.
If the fire was started by renters or their guests, they may be on the hook for the cost of repairs. In this situation, landlords need to have their insurance company coordinate with the renter’s insurance company for compensation. If a tenant does not have renter’s insurance, the landlord’s insurance company can go directly to the tenant to receive compensation.

Personal Property Damage
After an apartment fire, renters are responsible for the damage to their personal property. If the tenant has renter’s insurance, that should cover the cost of lost or damaged items such as clothes, furniture, etc.
The only time a landlord would need to cover the cost of lost personal items is if the tenant can prove that the landlord was at fault for the fire due to negligence. If the fire was definitely the renter’s fault, the landlord will not need to reimburse the tenant for personal items but will still be obligated to cover the structural damage.
An apartment fire can be devastating, and what is most important is that everyone is safe and unharmed. It is beneficial to be aware of how to resolve the issue of fire damage costs before the situation ever arises so that everyone involved can move forward without issues or confusion.