Landlord
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Hell, you can sue them for damages and have pay you for a very long time!
They want their deposit? That is HILARIOUS!!! |
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acermill
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Let me get this straight. These clowns set fire to your house (inadvertently or otherwise) and they think they should get pro-rated rents and a security return ??????
Give them NOTHING. The security deposit is there to cover damages and unpaid rents, and I'm guessing that the amount you have isn't going to come CLOSE to covering your loss. |
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Expert Realtor
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Yes, you are correct.
The insurance company will reimburse them for "loss of use" so they will be able to get another place to stay and their insurance will pay for it.
They are not entitled to their security deposit back, becuase I think we can all agree, they burned the place...and your insurance company will need to decide whether to go after their own renter's insurance or not for reimbursement.
However, YOUR insurance SHOULD cover loss of rent in the event of an event such as this...because is could be a couple of months before you get the place in shape to rent again.
I would have a frank discussion with your insurance agent, because my policies with State Farm does cover that. |
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bcyouletme
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Renters insurance will generally cover the items in the home, not the rent payment. THEY set the house on fire and want their security deposit back? Hire a real estate atty and ask what the provisions are....since they didn't give 30 day notice due to the fire, the situation gets tricky. And since the deposit is to offset damages, which there CLEARLY are...cover yourself and ask a pro. Sorry :( |
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Meghan
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I dont know the law, but they shouldn't be entitled to anything back. In fact, they should be obligated to pay the remainder of their lease agreement as well. Hire an attorney to find out and draw up paperwork.
You should be able to sue them civilly for loss of rental income since they are the ones responsible for the fire. Depending on how it started, they could face criminal charges as well. |
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budhah1
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The renters have no recourse, and are actually responsible for the damage of the fire. Your insurance carrier will inform you of the local regulations. Had one renter that had a pop tart catch fire, The insurance company went after them to pay the damages as they had renters insurance.
No return of deposit or rent, and they are responsible for damages in excess of deposit. |
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talldude
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I would check to see what THEIR liability is in this case.
You may find that, if they are legally at fault, you might be able to keep some or all of the deposit due to damage or loss-of-use.
Only an attorney can tell you that. |
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the_original_fyrbyrd
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I wouldn't think they'd be entitled to any refund until an investigation is completed. If they are at fault for the fire, likely your insurance company will pursue them for damages. I hope they had renter's insurance. (You do require that, don't you? I do.)
If you have a business policy against your rental, which you should, your policy should reimburse you for lost rental income until the house is once again habitable. If you do not have a business policy, you may have another set of problems on your hands all together. Contact your agent and verify your coverage. |
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standing when
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we had a fire, my 3 kidswere able to get out & the sitter,(i was at work), my oldest was the likely suspect(age 3).........our landlord returned our deposit & it was very much appreciated...........we had lost almost everything.........it was a gesture that i'll never forget |
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