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Updated almost 15 years ago on . Most recent reply

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Mark N.A
  • Real Estate Investor
  • North Carolina
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Grease Fire - Security Deposit Question

Mark N.A
  • Real Estate Investor
  • North Carolina
Posted

So there was a grease fire in one of our units last night. No one was hurt but the fire did some half-way serious damage, especially since the children's sitter tried to dump the burning grease down the sink.

The insurance deductible is $500.

Here's the question: My partner wants to charge the deductible against the tenant's security deposit.

Anyone have any thoughts on this?

Most Popular Reply

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Timothy W.#3 Off Topic Contributor
  • Attorney
  • Viera, FL
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Timothy W.#3 Off Topic Contributor
  • Attorney
  • Viera, FL
Replied

What does your lease say?

I wouldn't charge it right away. In the tenants eyes, she just dealt with the very real prospect of her child dying in a fire. Wait til the end of the lease if you decide to charge them. As to who's fault this is, it's clearly the tenants (the babysitter was brought in by the tenant, by that decision the tenant became liable). If I were the adjuster on this claim and found out your tenant had renter's insurance I'd try to retrieve some money for my client from the tenant's insurance carrier. In this case yoru insurance company could propbably get 100% of the money from your tenant's renters insurance (if she has it). It's her fault and because of it not only do you have to deal with a fire repair but you'll have to deal with it's impact on your insurance rates.

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