The U.S. Fire Administration reports that approximately 370,000 homes catch fire annually across the United States.
In just two recent years, 106,700 fires occurred in multifamily residential buildings like apartment complexes, condominiums, and townhouses. These blazes resulted in heartbreaking personal loss and more than $1.7 billion in property damage.
Many of the people affected are renters who need answers to an urgent question: What is a landlord’s responsibility after a fire?
Generally, landlords are liable for fire damage resulting from negligent maintenance.
This includes damage caused by fires resulting from defective property conditions, such as faulty electrical wiring or broken appliances. However, tenants can be liable for fire damage if their own negligence caused the blaze, such as by leaving a stove unattended.
If you need legal help with a fire damage claim, the experienced property damage attorneys from Insurance Claim HQ are here to assist. Seeing your home and belongings destroyed by fire is painful and stressful, and the last thing you need is a battle with the insurance company over who pays for the losses.
Our job is to stand up for your rights and push for fair compensation for what you’ve lost. Our lawyers can help you pursue your fire damage claim and fight back if bad-faith insurers fail to fulfill their payment obligations.
Contact us today to speak to a fire damage attorney in Louisiana.
Landlord Responsibilities After a Fire in Louisiana
Landlords have a general duty to keep their properties safe for tenants and ensure that essential systems, such as electricity and plumbing, are up to code. If a fire occurs and it’s not the tenant’s fault, the landlord must make reasonable repairs to return the dwelling to habitable conditions.
Landlords can also be responsible for fire damage and tenant injuries if they neglect maintenance duties or violate fire safety codes, such as failing to provide smoke detectors. Most property insurance policies cover fire damage caused by landlord negligence, though exclusions may apply.
Tenant Responsibilities After a Fire
Tenants are generally not responsible for maintaining essential property utilities, like electrical, gas, or plumbing systems.
That means they are typically not liable for fire damage resulting from property defects. However, they are required to use their property safely and avoid engaging in risky behaviors. If a tenant engages in careless behavior and causes a fire, their negligence can make them liable for property damage.
It’s important to note that landlord property insurance in Louisiana generally does not cover fire damage to tenants’ possessions. It’s wise for renters to purchase a separate renters’ insurance policy to cover their personal belongings in the event of fire damage.
Documenting Fire Damage and Filing an Insurance Claim
Landlord property insurance typically covers fire damage caused by accidental fires. If a fire occurs, it’s essential to document the structural damage as soon as it’s safe to do so. Take photos and videos of all affected areas and create a detailed inventory of damaged or lost items.
While reporting deadlines may vary between insurers, it’s generally best to file a claim as soon as possible to minimize the risk of disputes or claim denials.
Insurance companies typically send an adjuster to investigate fire damage. The adjuster will assess the causes of the fire and calculate the policyholder’s losses. An experienced fire damage attorney can conduct a parallel investigation and gather evidence in case disputes or inconsistencies arise in liability judgments or damage estimations.
Proving Landlord Negligence in a Fire Damage Case
Landlords can be liable for fire damage if they negligently fail to maintain their properties and remedy fire risks.
Examples of property defects that could indicate landlord liability include:
- Faulty electrical wiring or outlets
- Missing or nonfunctional smoke detectors
- Blocked fire exits
- Gas leaks or poor ventilation
- Improper storage of flammable materials
- HVAC systems that violate building codes
- Malfunctioning or defective furnaces
In most cases, it is sufficient for tenants to demonstrate that the property owner was aware of a specific hazard and failed to remedy it.
However, landlords can also be liable if they should have reasonably known about a hazard. For instance, if a landlord fails to perform regular fire inspections, they can be liable if an unknown defect causes fire damage. They would have been aware of the hazard if they had fulfilled their duty to inspect.
Tenant Rights During Major Repairs or Relocation
Landlords are responsible for covering the cost of fire repairs if the fire is not the tenant’s fault. If the blaze only partially destroys the property, the tenant’s lease can remain intact, and the landlord must repair the fire damage within a reasonable timeframe.
Tenants will not have to pay rent until the repairs are completed and the dwelling is habitable again. If a fire completely destroys the property, the tenant has the option to terminate their lease.
Tenants in Louisiana are typically not allowed to withhold rent if landlords fail to make necessary repairs.
However, renters may be able to make the repairs themselves and deduct those costs from future rental payments or request reimbursement. Under Louisiana law, tenants are only able to deduct the cost of repairs for fire damage if they are reasonable and necessary.
Get Help from Our Louisiana Fire Damage Lawyers
A fire can cause catastrophic property damage and often leads to heightened scrutiny from insurance companies.
If you need help with a fire damage claim, you should get an attorney on your side to navigate the process and represent your interests. The property damage attorneys at ICHQ have years of experience helping Louisiana renters understand and fight for their rights. We know you’ve been through a lot.
Let our legal team shoulder some of the burden.
You don’t have to do this alone. ICHQ is here to guide you. Contact us online or call today for a free consultation with a Louisiana fire damage attorney.