Fire: The Landlords Responsibilities

[B.Hurst]

Does anyone know what the Landlords responsibilities are with regards to damage in the case of a fire?

[jot0n0]

Does anyone know what the Landlords
responsibilities are with regards to damage in the case of a fire?

That depends on the cause of fire. If LL is found liable due to negilence you can bring about a suit to recover for property damages, but if it was accidental or cause by the tenant, then LL has no obligation to tenant and can even sue tenant for damages for the latter. This is where renter insurance comes in, which I found hardly any renter in NYC has or even heard of it.

[mjr203]

You'd be a fool not to have renters insurance in NYC.

I heartily suggest if anyone does not have it to get it immediately.

Insurance for your stuff little annual cost.

-POINTER

<small>[ January 23, 2003, 02:28 PM: Message edited by: pointerout ]</small>

[NYCkid]

I have heard that if there is a fire in your building that causes you to lose your apartment the landlord may have to buy out your rights to your apartment.

Many people in NYC have renters insurance. I know I do.

[Cranky Tenant]

My understanding is that if there's a fire in a rent stabilized apartment, the tenant continues to have the same rights, and can return under rent stabilization whenever the apartment becomes liveable again.

The LL could offere a buy-out but I've never seen anything requiring him to do so.

<small>[ January 23, 2003, 02:49 PM: Message edited by: Cranky Tenant ]</small>

[jot0n0]

The clause on the standard rent stabiized lease provided by the Rent Stabilization Assocication (RSA), is the followings:

FIRE AND CASUALTY DAMAGE: Renter is required to advise Owner immediately in the event of fire or other casualty which renders the apartment partially or wholly unfit for occupancy. Owner shall repair the premises as soon as possible subject to any delays due to adjustment of insurance claims or any cause not under Owner's control. If part of the premises are usable. Renter must pay rent for the usable part. If the premises are damaged where Owner feels that the apartment is beyond repair, the term of this lease shall end and Renter must vacate the apartment. If the fire or casualty was caused by Renter's actions, the costs of the repairs shall be repaid to Owner by Renter as added rent.

If the LL really wants you out, he can delay repair for months citing delay in insurance payment or find a contractor to do the repairs, meanwhile your out in the cold for months in effect terminating your lease.