Cal. Civ. Code § 441.010
Covenant or contract of tenant to repair — effect of
Operative Text
No covenant or contract to repair shall impose upon a tenant the obligation to rebuild or repair any building destroyed by fire without the procurement, connivance or neglect of such tenant, his agents or servants, during the continuance of the term for which such building was leased or let, unless such tenant shall specially covenant or contract to rebuild or repair, in case of the destruction or damage of such building by fire; and no action, suit or process shall be maintained or prosecuted against any tenant or other person, in whose house or apartment any fire shall accidentally begin or take place; nor shall any recompense be made by such person for any damage occasioned thereby, any law, custom or usage to the contrary notwithstanding.
Missouri Revised Statutes § 441.010 establishes two related protections regarding fire damage in rental properties. First, a standard repair covenant in a lease does not require a tenant to rebuild or restore a building destroyed by fire, unless the tenant specifically and explicitly agreed in writing to take on that obligation even in the event of fire. Second, no legal action can be brought against a tenant or occupant simply because a fire accidentally started in their home or apartment, and no financial recompense can be demanded from them for damages caused by such an accidental fire.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 441.010, property owners and managers should understand that a general repair clause in a lease will not, by itself, obligate a tenant to rebuild after a fire loss. Landlords who wish to assign fire-rebuilding responsibility to a tenant must include language that specifically and explicitly addresses that obligation. Compliant operators typically rely on their own property insurance to cover fire losses rather than assuming a standard lease repair clause will shift that burden to the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 441.010 provides meaningful protections for renters in Missouri: a general repair clause in a lease cannot be used to force a tenant to rebuild or restore a fire-damaged building unless the tenant separately and explicitly agreed to that specific obligation. Additionally, tenants cannot be sued or held financially responsible for damages caused by a fire that accidentally started in their unit. Tenants who receive demands for fire-related rebuilding costs or face legal action over an accidental fire may wish to consult a tenant-rights organization or legal aid office familiar with this provision to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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