Legal Guide for Landlords and Property Managers During the Fire Season

Managing a rental property in a wildfire-prone location may be difficult. Learn how to safeguard your renters’ life as well as your investment.

What you will discover:

What are the most common challenges that landlords face during fire season?
How can landlords assist renters in preparing for the fire season?
Is a landlord responsible for a tenant’s personal property that has been destroyed by a wildfire?
What should a landlord do if a renter refuses to leave during a wildfire?
What happens if a wildfire destroys the rental property?

You may already be aware of the necessity of preserving life and property if you own or manage a rental property in a wildfire-prone region. Wildfires may be very destructive. Preparing for fire season is critical in these locations. As a landlord or property manager, you may have concerns about your legal responsibilities before, during, and after a wildfire.

What are the most common challenges that landlords face during fire season?

Landlords should plan for a number of concerns ahead of fire season. The challenges will differ based on the location of the rental property. For example, even in places that are not at risk of fire, poor air quality induced by wildfire smoke has a significant effect.

During wildfire season, landlords should be aware of the following issues:

Tenant safety: Make certain that all safety systems are operational and that all exits and emergency routes are clear. If a wildfire approaches the property, renters may need to be notified by phone or, if safe, in person.

Protecting property: Cleaning up grass, brush, and trash that might feed a fire is vital every year, but it becomes crucial upkeep during fire season.

Maintaining inspections and safety certifications for critical equipment and systems such as fire extinguishers, fire sprinklers, smoke detectors, fire escapes, and more may offer some piece of mind that everything is in working condition.

Insurance coverage: It is a good idea to review your insurance coverage on an annual basis since coverages or requirements may vary over time.

While there is a lot to think about, most of it should be part of a regular maintenance routine.

How can landlords assist renters in preparing for the fire season?

The first step is to notify your renters before fire season begins and to suggest that each tenant update their contact information in case of an emergency. Even if they are acquainted with the region, they may be unaware that their property is subject to a wildfire or an evacuation order. If there is no on-site supervisor or property manager, it may be beneficial to ask tenants to volunteer to act as emergency liaisons in multifamily complexes.

Cleaning up the surrounding yard is an essential component of defending a property from wildfire. Instead of depending on renters to clean the yard, create a Maintenance Contract with a landscaping provider and include the cost in the rent.

With a Tenant Maintenance Request, you may encourage your renters to report any health and safety issues. A drafty window or door, for example, may enable haze or smoke to degrade interior air quality. Tenants may be unaware that their landlord will perform repairs as required, or they may be afraid of being evicted if they make too many requests. Encourage renters to submit repair and maintenance requests whenever a problem emerges to alleviate their anxieties.

Make a Landlord’s Notice to Enter to arrange yearly inspections prior to fire season.

Is a landlord responsible for a tenant’s personal property that has been destroyed by a wildfire?

In general, landlords are not accountable for personal property damage caused by wildfires or other natural catastrophes. Furthermore, a landlord’s insurance coverage for a rental apartment may not cover a tenant’s possessions. Tenants should get renters insurance to protect their own belongings.

There may be limited scenarios in which a tenant might claim that a landlord’s carelessness caused or exacerbated harm. For example, if a landlord incorrectly keeps highly flammable objects on the property, or if there is a known danger on the property that caused the wildfire, the landlord may be held liable. Landlords should consult with an attorney about their liability insurance coverage for these sorts of lawsuits.

What should a landlord do if a renter refuses to leave during a wildfire?

In most cases, a landlord is not accountable or liable for ensuring that a tenant evacuates during an emergency. If your renters are in an evacuation zone, advise them of the sources to which they should turn for evacuation instructions. Local law enforcement, the fire department, or another government agency may keep track of persons who refuse to evacuate in order to either persuade them to leave or to check on them after the fire has passed. If you know a renter is refusing to leave during a wildfire, you should alert local authorities for their protection.

In rare cases, a renter may refuse to leave due to financial worries. If local law compels you to waive rent during a required evacuation, or if you do so voluntarily, inform renters who are hesitant to leave of this inducement. You may also share information on evacuation shelters or other services that are available.

What happens if a wildfire destroys the rental property?

The level of damage determines the landlord’s duties and the tenant’s rights. Minor damage may be repairable in a reasonable amount of time.

If there is significant damage to the property that renders it unusable, the Lease Agreement may determine what occurs, or you may choose to form an Agreement to Cancel Lease to enable the tenant to simply exit. A tenant often has the option of breaking the lease without penalty or receiving a rent abatement until the property’s habitability is restored. In most cases, the landlord is not liable for a tenant’s relocation or additional living expenditures after a catastrophe. In certain cases, such as when features or amenities will be decreased following repairs or there will be a longer repair time, a Lease Amendment may be suitable.