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    triangle rental's Avatar
    triangle rental Posts: 1, Reputation: 1
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    #1

    Dec 25, 2007, 10:49 AM
    Fire Damage In Apartment
    I have a rental property in North Carolina. The tenant left the apartment while cooking something, which caused the apartment to catch fire, badly damaging it. I have a couple of questions for this case.

    1) Right now, the tenant is in a hotel room arranged by American Red Cross, but this tenant has paid rental for this month. Who will be responsible for the hotel cost if there is any fee not covered by Red Cross (my insurance will not cover the cost)? Will I refund the balance of this month's rental to this tenant since he can not live there now?

    2) My landlord insurance package requires a deductible for the repairment. Can I use the tenant's deposit for this deductible cost?

    3) This tenant left a lot of damaged furnitures and refuses to move. My insurance will not pay the cost to get rid of any items belonging to tenant. How should I deal with it? If I trash them away from this apartment in order to start the repairment, how do I prevent my liability for these furniture in future?

    4) The lease for this apartment will not expire until middle of next year. After the repair is complete, does the tenant have the right to come back to this apartment if the lease is still valid?

    I appreciate your help. :D
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 25, 2007, 05:24 PM
    1. He caused the damage you owe him nothing.
    2. he actually owes you any deductable you are out, and acutally can be held liable to pay your insurance company back if they caused the damage

    3. you have to give him notice to move, if he does not you will have to get a court order to move it and he will have to pay you back.

    Most leases have a notice that the lease ends if not livable, so what does your lease say. I would hire an attorney to send him the notice and for exact advice.

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