Landlord advice for smoke issue post condo building fire

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Landlord advice for smoke issue post condo building fire

Gary Grossman Jr
Member since 2021 · 9 posts · 3 votes

Looking for some expert advice for how to deal with a potential scenario. 

There was a fire in another unit in my same building about 2-3 condos down. Residual smoke crept through the shared attic space and down into my unit. I currently have all windows open and air purifying unit(s) stationed throughout the condo. All other tenants/owners living in other units in the building are following the same approach. The condition is such that it does not necessitate the need for occupants to have to stay elsewhere. With that said, the tenant has an autoimmune disease and doesn't want to sleep in the house until servePro has cleaned the attic. 

I filed an insurance claim and will most likely have servePro come out and clean the attic in the next few days.I am expediting this process and trying to remedy the situation as soon as possible. 

The tenant has asked for all the furniture to be cleaned. There is a possibility that the tenant requests to be refunded/pro-rated for the nights that he didn't want to sleep in the unit. In anticipation of that request, or potential problems with collecting rent, any advice on how to handle the situation would be appreciated! 

Thanks for the help in advance!

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  • Mohammed Rahman
    Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    3y

    Hi @Gary Grossman Jr - that's a pretty unique scenario I'll give you that. 

    If I was in a similar situation and my tenant *didn't* have an autoimmune disease I'd tell them No. If the condition doesn't necessitate (by law) that the residents have to be elsewhere then why would the landlord have to pay for it. 

    But given the tenant's condition and whether or not they're a good tenant that pays on time, I may be open to splitting costs with them if needed. 

    It's not as if the fire was your responsibility, everyone is going through the same thing they are.

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  • Gary Grossman Jr
    OP
    Member since 2021 · 9 posts · 3 votes
    3y

    @Mohammed Rahman thanks for the advice! Much appreciated! I should have noted that tenant moved in this month and hasn't paid a rent payment yet. I have also filed an insurance claim with my homeowners insurance. 

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  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    You made claim on HO6 policy? That will not cover the attic clean up only contents inside your walls. The master insurance policy of the HOA would MAYBE cover the attic cleanup.

    I had a house fire and the smell doesn't go away with cleaning furniture. I doubt that adding foam into the attic is going to remove the particulate. I imagine foam is the only way to clean the attic space, as they aren't going to scrub with soap and water - maybe replace the insulation. The insurance might no pay for this.

    I would release the tenant and encourage them to move elsewhere (abiding by whatever state laws apply).

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  • Gary Grossman Jr
    OP
    Member since 2021 · 9 posts · 3 votes
    3y
    Quote from @Caroline Gerardo:

    You made claim on HO6 policy? That will not cover the attic clean up only contents inside your walls. The master insurance policy of the HOA would MAYBE cover the attic cleanup.

    I had a house fire and the smell doesn't go away with cleaning furniture. I doubt that adding foam into the attic is going to remove the particulate. I imagine foam is the only way to clean the attic space, as they aren't going to scrub with soap and water - maybe replace the insulation. The insurance might no pay for this.

    I would release the tenant and encourage them to move elsewhere (abiding by whatever state laws apply).


    I filed a claim with my homeowners insurance first. My adjuster will work with HOA adjuster (HOA has already filed a claim) to determine if/how it will be covered.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Gary Grossman Jr    I am wondering wouldn't renters insurance cover their furniture cleaning? 

    I also the suggestion of just to have them break the lease is probably going to save you the most problems with this tenant.  

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  • Gary Grossman Jr
    OP
    Member since 2021 · 9 posts · 3 votes
    3y
    Quote from @Colleen F.:

    @Gary Grossman Jr    I am wondering wouldn't renters insurance cover their furniture cleaning? 

    I also the suggestion of just to have them break the lease is probably going to save you the most problems with this tenant.  


     Thanks for your perspective, Colleen! 

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  • Gary Grossman Jr
    OP
    Member since 2021 · 9 posts · 3 votes
    3y

    Update: I got ServPro to provide an estimate that I will run through insurance to clean out the attic space. The tenant asked me to get the condo cleaned and clean the carpets. Considering the this was the tenants first 2 weeks in the condo, I kindly obliged. I also gave him the option to get out of the lease and move on which he respectfully declined and said he wants to stay there. The total cost for carpets/cleaning is $225 (not including insurance deductible which may be covered by association insurance). My perspective is low cost to sustain cash flow. With that said, other than time, there is not more I think I can do to remediate the smoke smell. Anything additional I am going to say needs to come at the expense of the tenant. The tenant does not have rental insurance. 

    Any thoughts on how I am handling or how to handle further requests would be appreciated. 

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