Can a tenant sue a landlord for a fire?

Landlord’s Responsibilities. The simple fact that a fire occurred is not adequate grounds for a lawsuit, and tenants can sue their landlords for damages that the tenants incur as a result of fires. For example, if your landlord knew there was a gas leak and did not fix it, or left hazardous chemicals at your home, this could be negligence.

Can a tenant move out of an apartment after a fire?

If the apartment is so badly damaged that you have to move out, you may have the right to cancel the lease. It depends on what the lease says and how much damage the fire has caused. Most landlords are requiring tenants to carry renters insurance. The landlord is named as an additional insured which allows both to recover damages caused by a fire.

When to go to court after an apartment fire?

When to Sue. If the landlord’s negligence caused the fire, for example, the apartment contained sub-standard electrical wiring, you have the right to sue in small-claims court for any damage to your possessions. You can also go to court if you move out legally after the fire and the landlord refuses to return your security deposit.

Can a lease be broken if an apartment catches on fire?

Outside of the terms of the lease itself, the repairs to take place must be greater than the cost of a year’s rent, and your own negligence cannot be to blame for the fire. Within the lease terms, there must not be any clause which provides its own alternate terms in the case of severe damage to your apartment.

How does a fire affect the tenancy of a property?

Unless a landlord can prove by a “preponderance of the evidence” that the tenant was responsible for the fire, the landlord must make repairs. However, a tenant has the obligation to repair damage to the property caused by his or her own “want of ordinary care.” The tenant has a duty to cooperate with the landlord’s repair efforts.