Risk & Protection
Your Rental Property and the Maui Fires: Lessons Every Property Owner Should Know
The 2023 Maui wildfires caused total property losses that exposed widespread underinsurance, inadequate rental income loss coverage, and insufficient understanding of how Section 1033 tax deferral applies to involuntary property conversions. Rental property owners in disaster-prone areas should review coverage limits, loss-of-rents provisions, and their tax options before a catastrophic event, not after.
By Rich Arzaga, CFP®, CCIM
The Real Estate Whisperer® Financial Planning
| 4 min read
I've worked with real estate owners in the aftermath of natural disasters, and the Maui fires were a stark reminder of how exposed many property owners are, not because they were careless, but because the risks evolved faster than their preparation did. In a matter of hours, well-maintained rental properties were gone. And then the real complexity began.
The Insurance Gap That Showed Up in Maui
Many properties were insured for their purchase price or original appraised value, not their current replacement cost. In a market like Maui, where construction costs are among the highest in the nation and had risen significantly since 2020, the gap between coverage and actual replacement cost was staggering for some owners.
Rental properties also need specific coverage provisions that standard homeowner's policies may not include: loss of rental income during the reconstruction period (sometimes called "fair rental value" or "loss of rents" coverage), additional living expenses if the owner was also residing on-site, and coverage for detached structures like garages, storage buildings, and carports.
A rental property's largest hidden insurance gap is often the loss-of-rents provision, or the absence of one. Check yours before you need it.
The Tax Question Nobody Was Prepared For
When insurance pays out more than a property's adjusted cost basis, the difference is a taxable gain, even when the property was destroyed. For long-term owners of Maui properties, that gain could be enormous. Section 1033 of the tax code allows those gains to be deferred by reinvesting in replacement property, but only if you know about it and act within the applicable time windows.
Many affected property owners learned about Section 1033 from their CPA, after the disaster. The ones who came out ahead were those who had professional relationships with advisors who understood this provision and moved quickly.
Insurance proceeds on a destroyed property can trigger a large capital gain tax event. Section 1033 can defer it, but only if you act within the applicable time window.
What Every Rental Property Owner Should Do Now
Review your coverage limit against current construction costs, not purchase price. Confirm your policy includes loss-of-rents coverage for the full estimated reconstruction period, often 12 to 24 months. If you're in a wildfire, hurricane, or flood zone, review whether your current insurer will continue to offer coverage at renewal, because this is no longer guaranteed in many markets. And meet with a CPA who understands Section 1033 so you know your options in the event of a total loss.
- Reset dwelling limits to current local reconstruction cost, not market value or basis
- Confirm loss-of-rents or fair rental value coverage, and the number of months it pays
- Check coverage for detached structures, liability, and debris removal
- Document the property with dated photos and video stored off-site
- Ask your broker directly about renewal likelihood in your market
Frequently Asked Questions
- What insurance do rental property owners need for wildfire protection?
- Beyond standard dwelling coverage at current replacement cost, rental properties need loss-of-rents or fair rental value coverage for the reconstruction period, coverage for detached structures, and liability coverage. In wildfire-prone areas, confirm the insurer will continue offering coverage at renewal, because availability has become uncertain in many markets.
- What is Section 1033 and how does it apply to wildfire losses?
- Section 1033 allows property owners to defer capital gains tax on insurance proceeds from an involuntary conversion, such as a wildfire total loss, by reinvesting in qualifying replacement property within the applicable time period. That is typically two to three years, and sometimes longer for federally declared disasters.
- How should rental property owners prepare financially for a natural disaster?
- Review coverage limits annually against current construction costs. Confirm loss-of-rents provisions. Meet with a CPA about Section 1033 deferral options. Document your property with photos and videos stored off-site. And review your insurer's financial stability and renewal likelihood in disaster-prone markets.
- Does homeowners insurance pay for lost rent after a fire?
- Standard homeowners insurance typically does not include loss-of-rents coverage for rental properties. This must be added as a specific endorsement. Without it, landlords receive no compensation for rental income lost during the reconstruction period, which can extend 12 to 24 months or more after a total loss.
About Rich Arzaga, CFP®, CCIM
Rich Arzaga is the founder of The Real Estate Whisperer® Financial Planning and creator of The Real Estate Income Lab® and The 5% Real Estate Performance Gap®. He provides comprehensive, flat-fee financial advice that brings investment real estate together with retirement, investments, taxes, insurance, estate planning and the rest of a client's financial life.
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