Wildfires can be overwhelming and difficult for anyone to deal with, but if you are a tenant who rents your home or apartment in California instead of owning, you may be even more confused about what happens when your unit is no longer habitable (“red tagged”) or your belongings are damaged. Speak with our California wildfire attorney to discuss your legal options.
Do I Have to Continue My Lease After a Wildfire Disaster?
The answer to this depends on the extent of the wildfire damage. A leasing agreement will be terminated if the rental unit is completely destroyed. If it is no longer safe or possible to live in your rented home or apartment, the landlord cannot legally hold you to your leasing agreement, collect rent money from you or demand payment.
In exchange, you no longer have the right to occupy the unit, since the subject of the agreement – the unit – no longer exists. You will be entitled to unused portions of rent and a return of your security deposit. If the unit was not completely destroyed but was impacted by a wildfire, your lease will remain intact.
If you cannot live in the unit while it undergoes repairs, your landlord cannot legally collect rent for the period of time during which it is unusable. Once an inspector declares the apartment habitable again, you have the right to move back in according to the terms of your original lease. This includes resuming rent payments to the landlord.
Can I Recover Compensation for Relocation?
A wildfire can uproot your life, forcing you to evacuate your rental unit at a moment’s notice and on your own dime. Relocation and temporary housing are not expenses that a landlord in California is legally responsible to pay when a unit becomes uninhabitable due to a “natural disaster.”
You may be eligible for displacement pay from a government disaster relief program, your renters insurance company or eventual litigation against the party responsible for causing the wildfire, depending on the circumstances. You will have to cover the costs of your relocation out of pocket upfront, however.
Who Pays for My Property Damage?
It’s important to fully document all of the property damage you suffered in the wildfire. Take photographs and make a list of the belongings you owned that were in the rental unit that were damaged or destroyed. Do your best to locate receipts and write down each item’s value. This master list can help you recover fair compensation for your losses.
You may be eligible for coverage to repair or replace your belongings through your renters insurance policy. Most landlords require rental insurance. Contact your insurance provider to find out if your policy covers wildfire damage. Then, take the required steps to file a claim and seek fair compensation for property you lost.
What if the Fire Was Started by the Landlord or Property Owner?
In the event that negligence by your landlord or the owner of the premises caused the wildfire, you can most likely file a claim against the landlord’s insurance policy or bring a lawsuit in pursuit of full financial compensation for your losses. However, it will be up to you or your wildfire attorney to prove fault and liability.
For more information about your specific rights as a tenant who was recently impacted by a California wildfire, contact Bridgford, Gleason & Artinian to request a free initial case review. We are highly experienced and knowledgeable local wildfire lawyers.