Fire In Upstairs Unit, Tenant Moving Out

[Dylan Speer]

Hello BP,

I own a condo on the bottom floor of a two-story building. I have a tenant who has lived in the property since September of this year and has a lease set to expire in March of this year. 

Unfortunately, there was a fire in the attic in the unit above mine that partially burned the roof and some of the building's shared attic space. I was notified while the fire was being maintained and was able to get there promptly after. The fire was put out and there was no fire damage to my unit, however, there is water damage from the immense amount of water the fire department sprayed in the upstairs unit.

From what I can see, my ceiling has extensive damage and is partially sagging in the living room, the wood floors are buckling, and the ceiling in the bedroom and kitchen are all damp. 

Naturally, I spoke with my insurance the next day and filed a claim. The person in charge of my claim said that based on the photos I provided online (only provided photos of the living room ceiling as I was not able to access any other rooms per fire department's demand), the condo is "livable because the kitchen and bedroom are OK". They're saying this so they don't have to pay me my rent coverage as my tenant is moving out and terminating her lease ASAP. 

I'm very well insured and not concerned about repairs, but I am concerned that my insurance will deem the place "livable" so that they don't have to pay me my rental coverage when my tenant does not make a payment on the upcoming first of the month. I have my own adjuster coming out later today to gather some information on the extent of the damages, and an adjuster from my insurance coming out next week to do the same.

I imagine by next week, the mold growth will be significant and because it's an older building, there will likely be Asbestos as well. I have a hard time believing they can or will deem this place "livable" with mold and wet ceilings all around. 

Any thoughts on what to do to ensure I get my rental coverage paid by my insurer? I have the fire department, property manager, and my adjuster all sending documents to the insurance stating the extent of the damage, which is far beyond a sagging living room ceiling.

Thank you,

Dylan S