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The Daily Insight

What happens when apartment burns?

Author

James Craig

Published Mar 10, 2026

Generally, it’s the landlord’s job to fix up any damage caused by an apartment fire. If the apartment is so badly damaged that you have to move out, you may have the right to cancel the lease. It depends on what the lease says and how much damage the fire has caused.

What happens if you accidentally start a fire in your apartment?

The simple fact that a fire occurred is not adequate grounds for a lawsuit, and tenants can sue their landlords for damages that the tenants incur as a result of fires. You might choose to sue your landlord for any property damages, medical bills and similar financial damages resulting from the fire.

Are floor scratches wear and tear?

There is expected damage that comes with living in a property, i.e. light wall scuffing from furniture, small nail holes, worn carpet, etc. These things are considered normal wear and tear. This includes hardwood floor scratches, drawings on walls, chips in tile/glass, and carpet stains.

What costs are tenants liable for?

If tenants or their guests carelessly damage a rental property, they are liable for the cost of the damage up to four weeks’ rent or the landlord’s insurance excess (if applicable), whichever is lower.

Does renters insurance cover at fault fire?

But will your renters insurance cover you if you accidentally set fire to your apartment? In short, yes. Renters insurance is designed to cover your personal belongings from loss or damage due to fire, lightning, smoke, theft, vandalism and more.

How does renters insurance work in case of a fire?

Fire is one of the most common and popular covered perils in a typical renters policy. That means if a fire destroys your belongings, you’re eligible to receive a reimbursement from your renters insurance company for the loss. It doesn’t matter what caused the fire, either, unless you caused it intentionally.

Are dirty carpet normal wear and tear?

In disputes over security deposits, courts have often considered basic carpet cleaning to be part of normal wear and tear. If the carpet cleaning does not exceed a professional cleaner’s normal rate, and the carpet doesn’t have any actual damage, landlords should not charge a tenant for dirty carpets.

Who is responsible for paying rates landlord or tenant?

The occupier of the premises is responsible for paying business rates. This will usually be the owner or the tenant. Sometimes the landlord of the property charges the occupier a rent that also includes an amount for the business rates.

What is considered fair wear and tear in a rental property?

However, it is helpful to revisit the following definition from Fair Trading NSW: “Fair wear and tear means the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance. Such deterioration could be caused by exposure, time or just by ordinary use.

What are two examples of accidental fires?

The top causes of accidental fires in the home are:

  • cooking or cooking appliances (cookers, ovens, hotplates, grill pans, deep fat fryers, microwaves and toasters)
  • electricity supply or other electrical equipment and appliances (plugs, lighting and cables, washing machines, dishwashers and tumble dryers)