Fire damage and tenant deposit return

[Andrew McGregor]

Hi

There was a fire in the bedroom of a duplex that I own. The fire department could not determine the cause. It appears like it started inside the bedroom, there was no burned wires inside the walls or anything.

The insurance will not cover all of the loss. Has anyone experienced a fire in a rental before? I’m wondering if I can recover any expenses from the tenants or at least keep their deposit.

Thank you!

[Nathan Gesner]

I'm surprised the fire department is unable to point to a source. Candle, space heater, smoking, etc. Any one of those should leave some evidence behind.

Because the home was not the cause of the fire, you can hold the tenant accountable and charge them for the deposit. If they take you to court, it may not hold. I would be willing to take that chance but your mileage may vary.