If your landlord sent a fire damage bill several months after the end of your lease, you probably have questions.
Can they charge you after so long, and do you have to pay? What are your options to challenge the bill? Let’s break down your tenant rights after a fire and learn what steps you can take.
If you are currently dealing with a billing dispute after a fire, consult an experienced property damage lawyer at Insurance Claim HQ. We can guide you through the insurance process after a fire and protect your rights. We are unafraid to aggressively pursue insurance companies and hold them accountable for their payment obligations.
Our firm includes attorneys who hold Martindale-Hubbell’s AV Preeminent rating, the highest level of peer recognition for ethical practices and legal ability.
But it’s the personal impact that matters most. We are honored by the kind feedback from past clients like Henrietta J., who writes,
“After my house caught fire, I didn’t know where to turn. They took the time. They explained everything to me. I think God sent them to me — and I call them angels.”
You’ve been through so much. Put us to work for you. Contact our offices today to schedule a free consultation with a Louisiana fire damage lawyer.
What Are Your Rights as a Tenant After a Fire in Louisiana?
Tenants have the right to a safe and habitable dwelling. When a fire that is not their fault damages their home, they can request repairs in a reasonable timeframe.
Landlords carry property casualty insurance to cover structural damage from disasters such as fires or flooding. During the time repairs are being made, the tenant may not have to pay rent. If the property is a total loss due to fire and smoke damage, the tenant can dissolve the lease.
Who’s Liable for Fire Damage in a Rental Property?
Legal liability for fire damage depends on which party’s negligence caused it. For instance, if a landlord neglects regular electrical inspections and faulty wiring causes a fire, they may be held responsible for covering the resulting costs.
In contrast, tenants may be held liable for fire damage resulting from their own negligence. For instance, a tenant who lights candles and leaves them unattended overnight could be liable for any resulting property damage.
What Does Your Lease Say About Fire Damage Responsibility?
Whether a tenant is responsible for fire damage depends on the specific terms of the lease.
Louisiana law provides landlords and tenants with broad flexibility in defining their responsibilities. A lease can specify which types of property hazards each party is responsible for addressing and identify who is liable for certain kinds of damage.
As such, it’s essential to assess the terms of your lease to determine who bears liability for fire damages.
Some leases might release tenants from liability for all types of fire damage. If a tenant is found to have violated the lease, they may be held responsible for the cost of the fire damage.
Can a Landlord Bill You for Fire Damage Years Later in Louisiana?
It depends on whether you were responsible for the fire damage.
If the fire was your fault, the landlord has the right to pursue compensation for the property damage. In Louisiana, landlords typically have two years to pursue a lawsuit against tenants for fire damage resulting from intentional or negligent actions (La. Civ. Code Art. 3493.1).
Should You Notify Your Renter’s Insurance Provider?
Yes, you should notify your renters’ insurance policy if you receive a fire bill from your landlord.
If you are found responsible for the fire and resulting damage, your renters’ policy’s liability coverage could pay for the damage. Renters’ insurance can also cover damage to your personal possessions after a fire in a leased dwelling.
Note: Insurance policies often include various conditions and exclusions, as well as specific deadlines for notifying insurers of claims. Check your policy as soon as possible after a fire to learn the timeline that applies to you. An experienced fire damage attorney can help you understand what is insured and what your policy does not cover.
How to Gather Evidence to Dispute a Fire Damage Bill
Documentation showing that you are not responsible for the fire is key to disputing an erroneous fire bill from a landlord. Below are some relevant pieces of evidence to gather:
- Lease provisions outlining the landlord’s and tenant’s responsibilities for fire damage
- Maintenance requests regarding conditions that could have caused the fire
- Fire inspector’s report documenting the cause and progression of the fire
- Communications with your landlord regarding any fire hazards
- Property inspection reports showing property defects
- Statements from witnesses who can corroborate your claims
The more evidence you have, the better. A skilled lawyer can help identify and collect strong evidence to contest your legal and financial responsibility for the fire.
How to Respond to a Surprise Fire Damage Bill
Receiving a fire damage bill long after your lease expired can feel like a shocking and frustrating blow from your landlord. The first thing to do is stay calm. Then, you can start to plan with a clear head.
Here’s what to do:
- Start gathering documentation – Create a file with a copy of your lease agreement, fire department and police reports, any communications you had with your renter’s insurance company, emails or other communication with your landlord, repair requests, and the names of witnesses.
- Consult a Louisiana fire damage lawyer – An attorney can review your insurance policy and assess other options for disputing the bill.
Contact Our Louisiana Fire Damage Attorneys Today
The insurance claims lawyers at ICHQ have vast experience helping people in the Bayou State navigate fire damage property claims.
We represent homeowners, businesses, and landowners with a legal approach that combines empathy with strategy. We know fires are traumatic, and we want to help you start over.
Insurance companies are notorious for delaying and disputing claims, so you need an attorney who can push back against their tactics and hold them accountable. We aim to leave no stone unturned in pursuit of the maximum compensation you’re entitled to under your policy.
Contact us online or by phone today to arrange a free case review. Our law firm is available 24/7, so don’t hesitate to get in touch.