[alidonte]

My rental property caught on fire and the garage was damaged. I had tenants living there and the fire department deemed the house unlivable. My tenants just paid their rent two weeks ago but owed me $450.00 for deposit and late fees. Nothing of theirs was damaged in the fire and they are asking for their rent back. What is the proper thing to do?

[excon]

Hello al:

If THEY caused the fire, I wouldn't give them back anything. As a matter of fact, I'd be considering a lawsuit against them.

If, however, the fire was caused by YOU, like faulty wiring, then I'd give them back their rent - less what was owed to you.

excon

[ScottGem]

I'm confused why would they owe you for the deposit? Wasn't that collected at the lease signing? And what late fees? From previous rent payments?

But I would pro-rate the rental, deduct whatever they own you and return the rest.