The boy who called fire

[smerks]

What is the name of your state?
nevada

Our rental home was on fire. While the fire inspector thought it started outside, he later changed his mind to it istarted inside the garage. The tenets were home when the fire started. It would seem that the tenets were indirectly responsible for the fire since there was no indication that anything such as a machinery started the fire, are we obligated to return the deposit fee?
The house is not livable and we have a $5000.00 deductible? If we are obliagted to return the fee, how soon must we do return the money?


also.. the tentes sub leased a room to another party. They collected a deposit and rent from the individual. How does this play into the dynamics, if at all?

Many thanks in advance for your guidance.
S

 

[south]

With that title I was all set for a good story what a disapointment...

Anyway deduct all damage caused by the tenant....

What were your rules about sub tenants or extra persons moving in?

What is the name of your state?
nevada

Our rental home was on fire. While the fire inspector thought it started outside, he later changed his mind to it istarted inside the garage. The tenets were home when the fire started. It would seem that the tenets were indirectly responsible for the fire since there was no indication that anything such as a machinery started the fire, are we obligated to return the deposit fee?
The house is not livable and we have a $5000.00 deductible? If we are obliagted to return the fee, how soon must we do return the money?


also.. the tentes sub leased a room to another party. They collected a deposit and rent from the individual. How does this play into the dynamics, if at all?

Many thanks in advance for your guidance.
S

 

[treese]

If it is determined that the tenant was not at fault for the fire, and the tenancy is terminated, you will have to return the security deposit and prorated rent from the date that they vacated.

If it is determined that the tenant is at fault, you do not return anything.

The sublet tenant is the responsibility of their "Landlord" - your tenant.

http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec400

NRS 118A.400 Damage or destruction of dwelling unit by fire or casualty.

1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate the rental agreement and the tenant may, in addition to any other remedy:

(a) Immediately vacate the premises and notify the landlord within 7 days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.

(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit.

2. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable under this chapter. Accounting for rent in the event of termination or such continued occupancy shall be made as of the date the premises were vacated.

3. This section does not apply if it is determined that the fire or casualty were caused by deliberate or negligent acts of the tenant, a member of his household or other person on the premises with his consent.

 

[smerks]

It gets better

Nevada

Sorry for the disappointment. There is a more to the story, but then I would have to charge you. Just finding humor in a difficult situtation. Thank you for your quick response.

It is difficult to assess what damages were done by the tenet since much of the home has water and smoke damage. Are the tenets responsible since they were in house?

It clearly states that the tenets can not sub rent without prior approval from the landlord. By violating the lease, it states that we can terminate the lease. Since they signed the lease for a year and it does state that if they break th elease early, they could be liable for the remaining balance. The catch is now they can not live in the home but they sub leased a week before the fire started.

Thanks for any guidance.

 

[longneck]

i think you need to get a better report from the fire department on what caused the fire. your insurance company will probably pursue that angle too when trying to recover the cost of repairs. if the fire department gives you a cause that you can blame the tenants for, then you are entitled to their deposit.