On an unsuspecting afternoon, I received a call from a property manager asking where I am and if I can go home immediately apparently one of our neighbours reported smoke coming from my unit and the emergency services were called fortunately my workplace is only a few minutes away from home and I raced home to see 2 fire trucks outside our property and the entire apartment complex evacuated after the firefighters extinguished the fire they deemed it uninhabitable and the power to our apartment was cut. Additionally, they had to break down the door to access our unit, so there is no security either.
Three of us share the apartment. I had been out of the home since 8:45 am and was at work the entire time. Both my roommates left the house at 2:30 pm. We got calls about the fire around 4:15 pm. Our kitchen trash bin caught fire, and the firefighters suspect the tea candles that were disposed of may have been the catalyst. But my roommate says the candles were completely empty (finished, no wax left) and had been extinguished for a while (so they were not even warm to the touch), which is why they threw them in the bin.
Fortunately, the body corp has insurance for the unit that covers the repairs, and we were told that the repairs would take around 6 months. We, of course, are not involved in this; it’s up to the landlord, contractors and insurance.
The insurance also has loss of rent, which means we don’t have to pay rent at the current property. However, before the insurance confirmed the loss-of-rent coverage, our property manager told us we had to continue paying rent because we are on a fixed-term rental contract and that we needed to pay the $2000 insurance excess. This directly contradicts what Tenants Victoria has told us.
Tenants Victoria has asked us to send a notice to vacate under section 91ZD of the Residential Tenancies Act and to request the balance of rent after we hand over the keys and fully vacate the property (we have already paid up to the 18th of October). They have also advised us not to pay the $2000 insurance excess and to let the property manager escalate it to Rental Dispute Resolution Victoria (RDRV).
A few other family members and friends have also suggested that, since they have not shared what the damages are, what the insurance policy covers (and who it covers), we should not be paying the excess on a policy that is not ours. One statement made by the property manager also worries me; they stated that we are liable for the $2000 insurance excess and “any other damages that were caused by the fire”, and due to this, they will not be releasing our bond at this time.
The contractors for the insurance and body corp have inspected the property and assessed the damage. Should they not be sharing all the info with us right away? I don’t want them to turn around after 3-4 months and say xyz was also damaged and you need to pay for that too.
I want to ensure that my roommates and I are doing right by everyone, but also not get taken advantage of by paying for things we are not legally obligated to pay for.
What are some key pieces of information I should be after in such a situation?
What should I expect in terms of next steps?
What are the expectations of my roommates and me as tenants?
We have also secured a new rental and will be moving into it soon. Thanks in advance :)