Fire crews have now been called to the same Birmingham apartment complex three times since August. Fires broke out at the 2700 at Homewood apartments on Temple Crest Drive on the nights of Tuesday, October 13, and Wednesday, October 14, according to ABC 33/40 and WBRC. A large fire hit the complex in August.
Thankfully, no one was hurt in the October fires. Still, these repeated fires raise real questions for anyone who rents a home in the Birmingham area.
What Happened at the 2700 at Homewood Apartments
According to WBRC, the first fire broke out on Sunday, August 9. At least 20 residents were displaced and about 14 units were affected. Officials said at the time that the cause was under investigation.
On October 13, crews were called around 8:27 p.m. and found heavy smoke coming from a three story building, ABC 33/40 reported. The building was empty. The fire was not under control until 11:50 p.m., more than three hours later. ABC 33/40 reported that the fire hit the same section of the complex that burned in August. The next evening, crews were called back for another fire.
Dispatch audio obtained by ABC 33/40 showed firefighters reporting repeated trouble with water pressure during the October 13 fire. Central Alabama Water told the station it kept ample flow and pressure in the area. The utility said the hydrant firefighters used was not a public hydrant and is not maintained or tested by the utility. ABC 33/40 noted that the available information does not show what caused the pressure problems or whether they slowed the response.
The causes of all three fires remain under investigation. WBRC spoke with a college student who lived at the complex and is still trying to get her security deposit back. She said management had told her only that there were no updates. WBRC said it had reached out to management for comment. Birmingham City Councilor Josh Vasa said, "Our immediate priority is the safety and well-being of those impacted."
Why This Matters to Birmingham Renters
Most renters do not control the wiring, smoke alarms, fire walls or water lines in their building. They trust the property owner to handle those things. When fires happen again and again at one property, tenants deserve answers about what is being done to keep them safe.
We do not know what caused these fires, and we will not guess. The lessons for renters apply no matter what investigators find.
The Legal Issues in Plain Language
A Property Owner Must Use Reasonable Care
Premises liability is the area of law that covers injuries caused by unsafe property. In general, landlords and property managers must use reasonable care to keep common areas and building systems safe. That can include working smoke alarms, safe electrical systems, clear exits and fire safety equipment that works.
Repeated Problems Can Matter
When a danger is known, or should have been known, the owner is expected to fix it. A history of past fires or past complaints can be important evidence in deciding whether an owner acted reasonably.
Renters Have Rights Too
Alabama law gives renters certain rights when a home becomes unsafe or unlivable, including rules about security deposits and ending a lease. Your lease and the facts of your situation matter. A lawyer can help you understand which rules apply to you.
Injuries and Property Losses
If a fire caused by unsafe conditions hurts someone or destroys belongings, the people harmed may have a claim against the party responsible. Renters insurance may also help cover lost belongings and temporary housing, depending on the policy.
What Renters Can Do Right Now
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Test your smoke alarms every month, and report any that do not work to management in writing.
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Know two ways out of your unit and your building.
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Report sparking outlets, flickering lights, burning smells or blocked exits in writing, and keep a copy.
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Consider renters insurance and keep photos of your belongings.
If a Fire Affects Your Home
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Get to safety and get medical care if you need it.
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Take photos and video of the damage once it is safe.
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Ask for copies of the fire report and any notices from management or the city.
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Put all requests to management in writing, including requests for your deposit.
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Keep receipts for hotel stays, meals, replacement items and medical care.
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Talk with a lawyer about your rights. Deadlines to file can be short.
Frequently Asked Questions
Is my landlord responsible if my apartment catches fire?
It depends on the cause. A landlord may be responsible if the fire came from a danger the landlord knew about or should have found and fixed, such as faulty wiring or broken fire safety equipment. An investigation into the cause is usually the first step.
What should I do if a fire forces me out of my apartment in Alabama?
Get to safety, document the damage with photos, ask for the fire report and put every request to management in writing. Keep receipts for all your extra costs. Then talk with a lawyer about your rights under your lease and Alabama law.
Can I get my security deposit back after an apartment fire?
In many cases, yes. Alabama law has rules about returning security deposits when a tenancy ends. Make your request in writing, give a forwarding address and keep copies of everything you send and receive.
Talk With Heninger Garrison Davis
If you or someone you love was hurt in a similar situation, the team at Heninger Garrison Davis can help you understand your options. Call for a free consultation.
Disclaimer
This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
