Two fires in Six months - eviction rights?

Question

Hi Everyone!

I have a duplex in California and one of the tenants lit the oven on fire last November... called the fire department, but there was no damage. Her insurance company picked up the tab for a safety check on the oven. It was no big deal.  A few days ago, there was another kitchen fire. This one was bigger.  I am going to need a new oven, counter tops, cabinets, paint, floors, soot removal throughout the unit.  There was no structural damage though. She is going to move out for the repairs.  I am wondering if it is within my rights to make it a permanent relocation.  The fire incident report says that it was oil at the stove that started the fire and added "alcohol / drugs" as a human factor. BUT SERIOUSLY? 2 in 6 months?!?  I've tried calling tenants rights organizations, but the minute I say I am a landlord they either give me an unhelpful referral or say something snarky and hang up on me.  I just want to do the right thing, while protecting the property and my tenants in the other unit.   If anyone has a similar experience or knowledge about this, I would greatly appreciate it.  Thanks in advance!

Nicole A. · Answer

I'm guessing their lease is not month to month? Yeah, if you call a tenants' rights organization as a landlord, they won't exactly be eager to help you. You should instead get in touch with a couple of local rental law attorneys. Many may even give free consultations when it comes to asking questions like this.

Elizabeth P. · Answer

Thanks Grant.

Michaela the Fire department didn't specify which it was.  It is just a checked box.  I am sure that they didn't issue a drug test on the spot.  I think that it would be too hard to prove.  It isn't illegal to have prescription drugs or too much  alcohol and cook!  It might not be advised, but not illegal.  Landlords Against Cooking Drunk,  lol.  :D   But yes, my lease does have something about illegal activity as a basis for eviction.  Thanks for the response!

Michaela G. · Answer

Most leases have something about illegal activity being grounds for eviction. So, if the fire marshall report states drugs, then that should help you. Check your lease

Grant Rothenburger · Answer

@Elizabeth P. Real estate attorney should have an answer or at least a good couple of suggestions for you.

Elizabeth P. · Answer

Thanks Colleen.  The lease is not so explicit.  :(  It just says that they are responsible for the damage that they cause. If her insurance company picks up the bill, it seems like I am out of luck, at least in that regard.  I will look into adding something like that for the next time.  Thanks!

Elizabeth P. · Answer

Thanks Nicole.  I was reluctant to call an attorney as it was a small question designed to keep me out of trouble rather than a "Help! I'm in trouble sort of issue"

Two fires in Six months - eviction rights?

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