I am sorry to hear this;
if the fire is the result of the LL's negligence (ie not updating wires) then the LL is in breach of the implied warranty of habitability.
Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.
Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.
These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"
This is codified in Civil Code 1942:
1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.(c) The tenant’s remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.(d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law. Generally if the unit is not occupied, notice will be provided that the tenant is vacating due to the habitability issue. If property was damaged or the landlord fails to return the security deposit the tenant can sue in small claims for up to $10,000:http://www.courts.ca.gov/selfhelp-smallclaims.htm The local health department will send out an inspector and can deem the unit uninhabitable and that can help in regards ***** ***** that the tenant will not be held liable for rent. The tenant must remove the property simultaneously with the moving out date; or they can request partial rent for the portion of the unit that still has their belongings.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars 🌟🌟🌟🌟🌟*****
as I strive to provide my customers with great service. ☺️
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.