Landlord Responsibility After Fire in Massachusetts

What Is A Landlord Responsibility After Fire In Massachusetts

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Published on Feb 27th, 2023

Joel Efosa

Author | Real Estate Investor



When a fire occurs, it can cause damage that leaves tenants, who have lost everything, with nowhere to go. In such a case, the landlord's responsibility is to help these individuals and make sure they are reimbursed or relocated. However, it would help if you also informed your tenant that they have rights. There is an organization available that provides legal assistance to residents of the US if they feel too violated those rights.

What Are A Landlord's Responsibilities After A Fire In Massachusetts?

Your responsibilities as a landlord depend on the cause of the fire. If the fire were caused by negligence on your part, you would be liable for all damages and losses. In addition, it means that you will not have to stop paying rent for any repairs, loss of property, and medical bills for your tenants.


If you or your employees did not cause the fire, you might not be responsible for any damages. However, you may be able to collect from your insurance company if it covers tenants' property.

What Happens If You Accidentally Set Your Apartment On Fire In Massachusetts?

Whenever a fire occurs, the homeowner is typically responsible for damages to the physical property. The landlord may seek compensation for damages if the fire is determined to be due to negligence on the part of a tenant. Renters insurance is not responsible for covering fire damages to the actual property.

Is The Landlord Responsible For Fire Extinguishers In Massachusetts?

The landlord is not required by law to provide fire extinguishers. However, if the lease agreement states that the landlord will give them, the landlord must do so. Similarly, any smoke detectors in the home are the tenant's responsibility, although some landlords may choose to provide them.

Is The Landlord Or Tenant Responsible For Fire Risk Assessment In Massachusetts?

The landlord bears the ultimate responsibility for ensuring that the property is safe, which includes carrying out a fire risk assessment. The tenant also has obligations to ensure they are safe, including not tampering with any fire safety equipment or blocking an escape route.

Is Tenant Responsible For Accidental Fire In Massachusetts?

Yes, the burning odor is a sure sign of an electrical fire. If you smell something electrical burning, unplug all appliances and check all outlets and light switches to make sure they are not hot to the touch. If the smell continues, contact a professional electrician and leave your home immediately.

How Much Money Do You Get If Your Apartment Burns Down In Massachusetts?

Your insurance policy may pay you an amount up to the limits under your policy. For example, if you have a renters policy, it might pay for the loss of your personal property and additional living expenses. Your insurance company may also be able to help you find temporary housing and replace your belongings.

My Apartment Building Caught On Fire — What Are My Property Owners' Responsibilities In Massachusetts?

Your landlord may have a duty to help you temporarily find another place to live in the fire renders your apartment unlivable. Your landlord may also have a responsibility to clean your personal belongings damaged in the fire or pay for them to be cleaned by someone else. If you have renters insurance, you should contact your insurance company and tell them what happened.

I Don't Have Renters Insurance — Is There Anything I Can Do In Massachusetts?

You can ask your landlord to pay for any necessary repairs to make a livable apartment again. If your landlord refuses, you may be able to break the lease without penalty. You still may not be responsible for stopping paying rent until the apartment is made livable again, but you could sublet it. You could also ask the landlord for any advance rent payments back or sue for damages if you had to find somewhere else to stay.

What Happens If You Accidentally Start A Fire In Your Apartment In Massachusetts?

If you accidentally cause a fire in your apartment, you are responsible for the damages. It includes the damage to your property and your neighbors' property. However, the landlord is not liable for any damages caused by your negligence.

How Often Do Apartments Burn Down In Massachusetts?

According to the National Fire Protection Association (NFPA), in 2021, there were approximately 1,345,500 fires reported in the United States. It equates to one structure fire every 63 seconds and fewer than four deaths per day.


The majority of all residential fires occur in homes that a single-family occupies. Yet, apartments are not immune. Nearly 20% of all residential building fires occur in apartments.

Can You Be Evicted For Causing A Fire In Massachusetts?

Yes, if a tenant is responsible for a fire on the property, they could be evicted. A landlord's decision to expel would depend on the severity of the property damage. If the property is destroyed, it may not be possible to evict. However, if there is some damage, but most of the home remains intact, then eviction may be an option.

What Happens If I Cause Fire Damage In Massachusetts?

If you do cause fire damage to your rental home before moving out, you should be notified as soon as possible by the landlord or property owner. You'll also want to tell your insurance company as quickly as possible. You can file a claim against your renter's insurance policy to cover the costs of repairs.

Who Is Liable For Apartment Fire In Massachusetts?

If the fire caused your negligence, such as leaving food on the stove that started ablaze, you're probably responsible for damages. But if the fire was caused by a malfunction in your building's electrical system or other structure, your landlord is likely liable. Likewise, if your apartment catches on fire due to other tenants' negligence, they are likely responsible for the cost of damages.

Fire/Smoke From An Adjacent Unit. What Are My Rights As A Tenant In Massachusetts?

If the fire/smoke damage is limited to a single unit in a multi-unit building, the landlord of the damaged unit has the following duties:


• To repair or restore the damaged unit so that it is habitable within a reasonable time after the loss.


• To offer you a written offer to terminate your rental agreement as a tenant of an entire unit. If you accept this offer and move out within 30 days of receiving it, you may not be responsible for any rent due after the date of termination under your rental agreement. If you decline this offer, you have a right to continue living in your entire unit.

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