[monicadu]

Two days after moving into my rental home the new tenant started a fire in a bedroom with a unattended candle. I had a fire extinguisher in the home which the tenant used to put out the initial flames but when the fire department came they soaked the hardwood floors with water. There are black burn marks on three slats and the finish is completely gone on a 5x6 area from the tenant scrubbing the floor to remove smoke and soot from the fire. The tenant agrees it is their responsibility to pay for the damage from the fire but would like us to pay for it from there security deposit. They are at the very beginning of a 2 year lease. I would like to get the floors sealed before further damage occurs to the exposed wood. Is it their responsibility to pay for this now or do I wait until they move out and have it repaired and deduct it from there security deposit?

[ScottGem]

Did they have renter's insurance? Does your insurance cover it?

And no, the security is to protect you from damages they leave when the lease is ended.

[joypulv]

Interesting situation without a clear cut legal answer. They should pay for the expense (all of it) now, not have you take it out of their deposit. That deposit is meant to be used if necessary after they have totally moved out and you have examined the house for any damage. But if they say they can't pay for it now, you might be best doing some compromise. Get a promise to pay in something like 4 installments in writing, have the work done, give them a copy of the bill, and expect payment. If they don't pay, you either sue now or wait for the end of their lease, refuse to renew it, and deduct it out of their deposit then.

[Fr_Chuck]

No , of course not, they pay you the additional amount for the damage, your security deposit is for future damage.

So work out a payment plan with them, to pay for the damage they caused.