The tenants from #3 called. Fires in the Altadena foothills had been raging for several days but were settling down, and now under modest control. These particular tenants were not in the actual fire zone, but were down-wind. There was a smell of soot and ash in their unit and their utilities had been shut off for more than a day.

The purpose of their call was clear … they were asking for the owners to pay to have their unit, their furniture, and all of their clothing professionally cleaned, and they were asking for a rent credit for the two days they were without power.

Now this all comes down to what a particular owner chooses to do, as this was surely a humanitarian crisis, with thousands of homes and businesses reduced to their concrete slab foundations, tragic loss of life, and the sad loss of personal possessions, now just memories.

What these tenants were addressing did not quite rise to that level. Again, any owner could choose to do whatever he or she believes to be “the right thing to do”, but in our situation, I did remind these tenants of Paragraph No. 6 in their rental agreement:

6. Lessee agrees to obtain and carry “Renters Insurance”, to insure personal possessions and to hold Lessor and owner harmless for injury or property loss or damage caused by other tenants or by unforeseen causes such as (but not limited to) burglary, fire, flood, earthquake, or water from defective roofs, pipes, plumbing, or the like. The “Renters Insurance” must also cover “loss of use” if the property or unit becomes uninhabitable because of unforeseen causes such as (but not limited to) burglary, fire, flood, earthquake, or water from defective roofs, pipes, plumbing, or the like, or because of reasonably required repairs within the property or unit.

Again, each of our owners has the option to use, or not use Paragraph No. 6, as they see fit. It was written by us to protect both the owners and the tenants. For example, some owners have offered to cover the “deductible” if their tenants submit a claim to their insurance carrier. As too many owners and tenants are finding out, you don’t need insurance until you do.

As owners, we should not simply ignore such requests, as we are required to give our tenants “habitable” living spaces. We must do what is necessary to ensure that the air within our units is at least as “clean” as what is outside. Any such requests should be discussed with our attorneys and insurance carriers. Trust their advice

Please keep in mind that under current California law, if a tenant fails to get or maintain the renters insurance, this may not be grounds for an eviction-related complaint against a tenant. Courts may not view this as a “substantial breach”, enough to warrant an eviction. Check with your attorney for confirmation on this. This approach has worked well for us.

Dear Readers: This article is the 253rd in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing market. I appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, JD, CPM, CCAM, 99 S. Lake Avenue, Pasadena. (626) 243-4145. Fin.Beven@BevenandBrock.com. www.BevenandBrock.com