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Fire Caused By Tenant

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rono

Junior Member
What is the name of your state? California


I originally made this posting under the incorrect category, so I am reposting.


On March 21, 2006, there was a fire in one of our units which was caused, according to the fire department, by a lit candle that was left burning during the day while the tenant was gone. This tenant wanted to be able to return to the unit, and requested a letter stating that we would allow her to remain as a tenant when the repairs were finished. The letter I wrote her stated that she could move back after repairs were completed at the yearly 3% increased rent which she had already been notified about. In the letter I made a mistake and wrote one hundred dollars more than her rent should be. She caught the mistake and asked me to rewrite the letter with the correct amount, but I never did. I have several questions concerning everything that has occurred. One of my questions are, could we have evicted her from the building because she caused the fire? Since I sent her the letter allowing her to return, is it too late to evict her? If I can't evict her, can I raise her rent more than the yearly 3% because of the expense of all of the repairs? To date, she personally has not paid the rent since the fire. The insurance has paid the loss of rent, although, not at the rental increase that began on May 1, 2006. Also, if we are legally bound to have her as a tenant, can we, or should we start a new contract and ask for first and last months rent?

Thank you
 


Hot Topic

Senior Member
You missed your chance to evict her because of the fire caused by her carelessness. You can't raise her rent more than what is allowed by law. She should not get out of paying rent for an apartment that she damaged. I would send her a letter via certified mail, return receipt requested. If she doesn't reply, I would go ahead and file eviction papers with the court.
 

moburkes

Senior Member
rono said:
What is the name of your state? California


I originally made this posting under the incorrect category, so I am reposting.


On March 21, 2006, there was a fire in one of our units which was caused, according to the fire department, by a lit candle that was left burning during the day while the tenant was gone. This tenant wanted to be able to return to the unit, and requested a letter stating that we would allow her to remain as a tenant when the repairs were finished. The letter I wrote her stated that she could move back after repairs were completed at the yearly 3% increased rent which she had already been notified about. In the letter I made a mistake and wrote one hundred dollars more than her rent should be. She caught the mistake and asked me to rewrite the letter with the correct amount, but I never did. I have several questions concerning everything that has occurred. One of my questions are, could we have evicted her from the building because she caused the fire? Since I sent her the letter allowing her to return, is it too late to evict her? If I can't evict her, can I raise her rent more than the yearly 3% because of the expense of all of the repairs? To date, she personally has not paid the rent since the fire. The insurance has paid the loss of rent, although, not at the rental increase that began on May 1, 2006. Also, if we are legally bound to have her as a tenant, can we, or should we start a new contract and ask for first and last months rent?

Thank you
What expense do YOU have, because of the repairs, besides your deductible?
 

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