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My rental property burned while the tenant was still under a lease

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  • My rental property burned while the tenant was still under a lease

    My rental property burned while the tenant was still under a lease, should he get his deposit back?

  • #2
    Re: My rental property burned while the tenant was still under a lease

    In this case, your tenant can get back the security deposit if the fire has not occurred because of his fault. In this, the contract of lease comes to an end when fire occurred and property got destroyed and in this event the security deposit of tenant can be returned. Further, if the destruction is only temporary and the contract of lease has not come to an end and the tenant can again take property after some repair then security deposit need not be returned because the contract is still subsisting. It is important to note here that the tenant must not be involved in the cause of fire to claim security deposit.

    AFF

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    • #3
      Re: My rental property burned while the tenant was still under a lease

      I would definitely return it yes i agree.The LL has no right to keep it.

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      • #4
        Re: My rental property burned while the tenant was still under a lease

        If the unit was burned to a degree that the tenant could not longer reside there, and the cause of fire was not the fault of the tenant, and the tenant now has the onus of finding other suitable living arrangements, yes. He/she is entitled to their Security Deposit.

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        • #5
          Re: My rental property burned while the tenant was still under a lease

          One other item:

          Providing, of course, the the tenant did not cause the fire...

          In some areas, there is a law of expedited return of the deposit if the unit is condemned, destroyed by fire, tenant is forced out by hazard conditions, or other disasters. The normal return times may not apply. Be sure to check your state deposit laws to see if an expedited return is required. Return times can be as short as 72 hours in cases like this. You need to check your state law.

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