New Residential Fire Threats and Tenants’ Rights

In 2022, we discussed tenants’ rights after there is a fire in an apartment or in the building.  In San Francisco, a Marina apartment fire, allegedly sparked by a hoarding situation, caused one death in 2025. In December 2025, a fire in a Tenderloin apartment building was allegedly caused by an exploding lithium-ion battery; 45 residents were displaced. Fires have been linked to illegal units, neglected electrical inspections and overloaded circuits in remote work setups.

The Case of The Exploding Lithium-Ion Batteries

When e-bikes and scooters emerged as viable, affordable transportation, cost-conscious consumers embraced them.  But now that some lithium-ion batteries powering “micro-mobility” devices have proven to be dangerous, cities like San Francisco are raising alarms. From 2021 to 2025, 120 fires were caused by exploding batteries, making them the fastest-growing source of residential fires.
While consumer advocates work toward penalties for selling uncertified e-scooters and off-brand chargers, be alert to the risks with these devices. Report concerns to your landlord in writing if you believe devices in your building may be unsafe.

Landlords Remain Accountable for Fire Safety

Your landlord is responsible for maintaining functioning smoke alarms and carbon monoxide detectors. They must also provide safe electrical and HVAC systems. They are responsible for keeping exits clear and for performing regular inspections of fire extinguishers. They could be liable for damages if these basic tasks are not done.

After a Fire – What Are Your Rights as a Tenant?

The aftermath of a fire in a rental can be as traumatic as the fire itself. Tenants should be aware of their rights:

  • You are entitled to return to your repaired unit at the same rent you paid before the fire if you are living in a rent-controlled unit.
  • You have the right to refuse a buyout of your tenancy from your landlord.
  • You have the right to resist intimidation from landlords attempting to evict you, repair the unit and re-rent it at a higher rate.

Tenants Can Help to Prevent Fires

Besides not smoking in bed, keeping kids and matches separate and operating space heaters away from clutter, be alert to today’s safety threats. Avoid daisy-chaining power strips.  Don’t charge e-scooters and bikes if you are not home. Make sure the batteries you are using are safety-certified and compatible with your device. Never attempt to over-charge.
Report hazards to your landlord promptly in writing.

Where to Turn for Help After a Fire

If you experience a fire and your landlord is not responding appropriately seek help immediately.  For serious situations with landlord eviction threats, slow repair response or failure to act as required by law, contact an experienced real estate attorney for assistance.

Know Your Rights. Protect Yourself.

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Mary Catherine Wiederhold

Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109

Mary Catherine Wiederhold
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