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Unless the accident was due to negligence on the part of the landlord (i.e., a poorly installed ceiling fan or unstable balcony), the lessee assumes personal responsibility, as if he or she were in their own home.

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17y ago
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10y ago

Whom ever started the fire is responsible for it.

If it was caused by cooking than it would be the tenant, and the tenant would be held liable, obviously.

If it was something more comples like faulty wiring for example it would be a bit trickier and it would depend on a few circumstances to get to the bottom of it. For instance:

  • If there was a damaged wire that caused a fire and it was reported to the landlord of any abnormal signs that it was acting peculiar prior to the fire and the landlord never came to fix it. Than it would be on the landlord.
  • If there was no notification to the landlord of the peculiar outlet or wire and after an investigation it comes out that the tenant was aware it was acting up and was given ample time to alert the landlord, the tenant is liable.
  • If nither parties were aware of the fault and it was confirmed after an investigation, than the landlord is liable (it's their building after all).
  • If it was an old apartment building and the tenant was advised not to run too many appliances off the same line and it shorted causing a fire after ignoring the instructions than the tenant would have been At Fault and would be held responsible. -- Note -- The landlord would be utilmately responsible in this instance as the wiring would not have been up to code, a responsibility the landlord lawfully has.
  • If it was an act of God and lightning struck the buillding causing a fire, that's why we have insurance.

Important Insurance Awareness:

  • The property insurance would only cover the cost for the landlord. The tenant would have to have had their own renter's insurance in most cases to be compinsated for any damage to their belongings.

The Lease:(in my experience)[of course it all depends on how you and the other party write up the lease]

  • In the case that it's the tenant's fault, more often than not it would be a condition in the breaking of the lease by the tenant which carries a heavy fee.
  • In the case it's the landlord's fault, the tenant is released from the lease or the tenant CAN transfer to available housing if they so choose.
  • In the case it was nature/arson by another party unassociated with either party. If housing is available the lease will transfer otherwise the tenant would be released.
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11y ago

In general, a commercial space must have the necessary fire extinguishers at all times, even when not rented to anyone, making it the landlord's job to provide and maintain them.

In theory, a commercial lease could delegate inspection, testing, maintenance and replacement duties to a tenant, but the property OWNER is always responsible, under fire code.

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10y ago

I would say the landlord because they would want their tenants to be safe from any danger. Also what if the tenant doesn't bring and fire extinguishers......I would say the landlord. It's a matter of opinion.

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15y ago

If the accident was caused by the negligence of any party, then they are liable.

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11y ago

The tenant is liable. Thats a good reason to by renters insurance.

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Q: Are landlords responsible for accidents to tenants on their rental property?
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