Tenants in one of my apartments had a kitchen fire two months ago, clearly their fault (grease fire on stove). My homeowners insurance covered most of the $3000+ in damages, and I have told the tenants that they need to cover the $500 deductable. In the meantime, they have fallen behind on rent as well, and I am giving them one final notice before starting the eviction process. Should I include that $500 deductable in the final notice as money that is due immediately, or should I consider that a separate issue? The deposit was only $250, and I need to still hold that over them as they are terrible housekeepers and I may need that deposit to get the place clean once they are gone.

I would include it. Worse that can happen is they don't pay and file for eviction and they show up at the eviction hearing ready to pay everything else but protest that amount.

Agreed, I would include it,

Now how do you actually get your money is another issue, it appears they have little or they would be paying their rent. So you go to court, and get the judgement, get them evicted and then start deciding if it is cost effective to get your money

Thanks for the responses.

I'm just trying to set myself up for the best appearance in court. Hopefully the threat will get some money coming in without legal action. They do have some money, but don't have their priorities straight.

I have found that the most quick way to get the tenant's attention is by doing exactly, whatever it is the lease states I'll do. For example, if they haven't paid the rent, I go give them the appropriate "pay or quit" notice. The sooner the better.

At this point they're not taking you seriously.

Give them written notices of all amounts currently due. Then if you don't get the desired action go file the appropriate suits against them. Where I live it would have to be an eviction to get them gone, and for the current rent due. And a separate small claims case for the broken lease, fire damage and any additional damages or other amounts due.