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Tania Patch
  • Hoboken, NJ
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Electrical Fire, House Inhabitable - What have you experienced?

Tania Patch
  • Hoboken, NJ
Posted Nov 27 2017, 05:41

Hi all!

The house is a 2-family I own that I was planning on occupying in the spring once the tenants left (through legal owner-occupy channels). I get a call from the local police department at 4:30am that there was a fire! Thankfully everyone got out unharmed, but it looks like the house will need a gut and is inhabitable. So far I have been told by the fire investigators that it looks purely accidental and it was an electrical fire behind sheet rock.

Meanwhile, I have one set of the tenants that is extremely unhappy (understandably so!) - but I am beginning to get the impression they are going to fight tooth and nail on getting back into the house once rehabbed. According to the adjusters and others, this is probably a 1 year rehab to turnkey. Its an awful situation to begin with, but it looks like there are going to be added stresses with these people. 

Anyone else have an experience like this ? Or any similar to share? I have been a landlord for 15+ years and never dealt with a fire before.

Tania

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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
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Brie Schmidt
  • Real Estate Broker
  • Chicago, IL
ModeratorReplied Nov 27 2017, 05:48

@Tania Patch - Glad everyone is ok!  I had one a few years ago on a 3 unit.   The adjuster said it was borderline and the offer they gave me put me in a situation where I had to choose the better of two bad options.  So I hired a public adjuster to negotiate for me and he almost doubled my claim, so it was well worth it for me to use one and I tore the building down.  

As far as the tenants, do they have renters insurance? I would tell them the house will be condemned for the next 12 months and you will assist them in finding new housing 

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John Mocker#1 Insurance Contributor
  • Insurance Agent
  • Norwalk, CT
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John Mocker#1 Insurance Contributor
  • Insurance Agent
  • Norwalk, CT
Replied Nov 27 2017, 07:50

Tania,

Regarding the tenants who you think will fight to get back in.  If you intention is to occupy the house after rehab, you should review the lease with your lawyer.  Often, the situation where the house is not habitable will trigger certain actions.  The attorney can counsel you best on how to use the lease to set up the situation you want for after the rehab. 

If possible, during rehab, address some things that will help you insurance wise later:

- full upgrade of the electical

- full upgrade of the plumbing

- removal of any sheetrock, trim, etc with lead paint

- new roof

- address any drainage/leaky basement issues

- hardwire smoke and CO detectors

I know not all will be able to be done but most are cheaper during a big reno and will make you a better risk for the insurance companies.  That can save you on the homeowners Insurance for years.

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Nathan Golding
  • Contractor
  • Loganville, WI
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Nathan Golding
  • Contractor
  • Loganville, WI
Replied Nov 27 2017, 08:41

Typically insurance will help with the cost of relocating the occupant of the house that is no longer habitable.  That could be motel cost and/or moving cost to a new rental.  I would have the tenant speak to their insurance agent and talk to yours before giving them anything out of your pocket.

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Colleen F.
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  • Investor
  • Narragansett, RI
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Colleen F.
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  • Investor
  • Narragansett, RI
Replied Nov 27 2017, 09:10
What does your lease say about termination if not inhabitable? Mine cancels the lease, they would have no lease to fight to get back in with. That said people are raw after an incident like a fire, set expectations on repair timelines being long. Get familiar with whose insurance covers what. I think with a little time they may be more realistic especially when you have a handle on how long it will take tofix it.

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Tania Patch
  • Hoboken, NJ
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Tania Patch
  • Hoboken, NJ
Replied Nov 28 2017, 05:46

Thank you all for responding and the advice! My lease has a clause that I have the option to terminate if the property is inhabitable for more then 90 days (which it will be)- but the town has an ordinance that says I must re-offer the units for rent. So I am not sure which has more weight. 

Everything is going to be brand new from the sounds of things. Ideally the space needs to be reconfigured to make better use of it as well. 

One of the tenants had renters insurance, the other did not. There is no way I am offering anything out of pocket as both are behind in rents as it is. 

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Colleen F.
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Colleen F.
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  • Investor
  • Narragansett, RI
Replied Nov 28 2017, 07:54
I would read that town ordinance and call the rent control board. if they are behind on rent and also you do major reconstruction you should have some out. You may need to legally do something now in terms of notices.