Landlord Question and Answer Forum

Fire & Casualty

I am from Georgia and in the process of giving my house out to tenants. Georgia law says the following about fire and casualty loss: "The destruction of Leased Premises by fire or the loss of possession by any casualty not caused by Landlord or from a defect of his title shall not abate the rent contracted to be paid". I am trying to understand specifically what this means. 1) If the fire is not caused by Landlord, then even if the house burns down, does the Tenant have to pay the rent for the remaining period of the lease (even if they dont live there any more)? 2) Also, when it says "fire not caused by Landlord", it could mean fire that is triggered by the Tenant or fire that starts without the involvement of Tenant or Landlord. How are these two scenarios handled differently by that statement? 3) In the event of fire, does Landlord have the right to decide whether it is worth fixing the loss from fire and restore the house back to livable conditions? Is rent impacted?

Generally this clause means that when a fire or other catastrophic event occurs, when it is directly a result of the tenant's or their visitors abuse or negligence; they are responsible for the rent. I myself was involved in an apartment fire many many years ago as a tenant. I lived in a highrise and my neighbors children set the fire. I was released from my obligations of any rent due (even after I was offered a comparable apartment). Ultimately if a dispute in a case like this occurs, the judge would render a decision as even with this clause in a lease, it does not always go accordingly. It cannot hurt to have this clause though.

Posted by Donna , NC on Wednesday, July 01, 2009