FIRE! - Landlord Forum thread 339478

FIRE! by Anonymous on October 5, 2015 @16:30

I have had difficult tenants in my house. They kept the place immaculate, but in the 2 months they have been there, they have complained about EVERYTHING, requesting that even the most menial things be fixed (not that this matters in the whole scheme of things).

Saturday morning, they called at 2:30 am because the house had burned down. Part of the structure is still standing, but it looks like a total loss. The renters said it started in the fireplace chimney. They had NO renters insurance, so they lost all that they own in the fire.

My husband and I gave them $200 for necessities and my 13 year old son did a clothes and food drive. They are now requesting their deposit back. I told them I had to wait for the fire marshal's report.

What are my obligations to give them back their deposit? They are asking for it. I mean, I feel bad for them, but I am also out of an entire house... plus the deductible to rebuild. I want to be fair to them (and follow the law), but I also want to protect my own needs.

Any advice would be helpful.

Thanks,
Terri

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Re: FIRE! by Anonymous on October 5, 2015 @16:42	[ Reply ]

Are you in Canada?

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Re: FIRE! by Anonymous on October 5, 2015 @17:03	[ Reply ]

Likely the only thing you are obligated to return at this point is pre-paid rent, pro-rated from the date of fire to the end of the month. Handle the security deposit in the manner required by your state law. If you run up on the deadline to return it without hearing a determination from the Fire Marshall about the cause of the fire, you will then have to return the deposit to the tenant. If you discover at a later time that tenant was responsible for the fire, you (or your insurer) will have to sue him for damages.

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Re: FIRE! by Susan on October 5, 2015 @21:05	[ Reply ]

No where is a tenants security deposit tied to receiving a report from a Fire Marshall? The lease has ended if the rental is uninhabitable and the tenants should receive their security deposit back asap. I would worry that you had a safe fireplace chimney and you can provide records of regular service of cleaning and inspections.

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Re: FIRE! by Maggie on October 5, 2015 @21:43	[ Reply ]

I have little patience with pain in the butt tenants. It is not your fault the place burned down and it is not your that your tenants did not have renters insurance. So, sit on the deposit until the insurance company and the Fire Marshal have determined a cause that clears your tenants. After all, they did not leave it dirty. They left it burned down. If you end up returning the deposit you should deduct the $200 they have already received.

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Re: FIRE! by MrDan (Georgia) on October 6, 2015 @10:20	[ Reply ]

Your State Law (§ 55-248.24 Fire or casualty damage) determines what actions either the landlord or tenant must take. Basically... “If the rental agreement is terminated by either tenant or landlord... the landlord shall return all security deposits in accordance with § 55-248.15:1 and prepaid rent...” The landlord has to account for the security deposit from the date of the fire casualty to settle the security deposit claim with the tenant within the State time frame. Withholding the tenants security deposit past the State deadline for settlement will subject the landlord to damages and attorney fees.

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Re: FIRE! by Anonymous on October 6, 2015 @18:13	[ Reply ]

Wait until the last minute, and see the report first. You are rewarding bad behavior. If you do decide to give it back, deduct the 200 your husband has already given them.

Re: FIRE! by Anonymous on October 8, 2015 @20:14	[ Reply ]

there is a clause can be used in the lease ... in case of fire the landlord is not responsible and tenant must leave.

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