I will be speaking to a lawyer tomorrow or Tuesday, waiting to hear back. My company provides free legal consultations as a benefit so I am going to start there and move forward after I get a general idea of where we are legally. I’m not communicating with her at all till then. In the meantime I have informed my insurance agent about my suspicions including sending copies of the tenants emails over the last few months. He said 25% of instances like this are intentional which is sad but I guess reality.
I think that she can break the lease but I will be confirming that. She is leaving either way at this point but if I can hold her responsible for the time the house is repaired but not rented I will be.
I also believe that I can charge her for other damages not related to the fire. I’ll verify that first. I got some feedback from a different tenant who lives next door and there is considerable yard work that has not been taken care of (these are not apartments but houses) that the lease holds her responsible for. Plus from the few inside pics I have seen there are other damages that have nothing to do with the fire that I was unaware of. We were last in the unit in July.
Part of the smoke damage repairs is going to include heavy cleaning and painting of the entire house so I think the inside at least will be clean and painted when the house is considered fixed. If not I’ll deduct that as well.
She also owes amounts for electric, water and trash which I’ll deduct from her deposits once she is gone and I get the final numbers.
If we subrogate to her insurance policy initially we will not have to pay the deductible but they will only cut 1 check at the very end if we do it this way vs paying out per job-like they would if we paid the deductible and were later reimbursed. We are going to wait for all quotes ect.. and then decide which way we want to go as we may do some of the finish work ourselves.
We are going to see what the insurance and adjuster says about the furnace and consider installing a different type. The contractor told my mom when she let him in to get a quote that they don’t allow the floor furnaces anymore BUT the guy from the gas company who called when they pulled the meter said it just had to be moved 12 inches from a wall and that they still sell them so I will get clarification. I have code update coverage up to $20k so if that has to be done it’s covered.
I looked hard at mini splits but apparently they need monthly maintenance? I dont trust tenants to do it and we live in another state so unless that’s wrong I don’t think we will go that way. Is this accurate? I’ve never had one before.
I’ve wanted to sink some additional funds into this property and finish the last of the updating. This incident prompted a good discussion with my husband about the different types of properties A, B, C, D and the quality of tenants that live in them. We recently purchased another property from a family member that would be considered an A and he is now seeing how much easier they are on the home and to deal with. So we may go ahead and do some upgrades and raise the rent. We are lucky that this property is in an improving area and already a B. We are at the very edge of a very desirable area and the street has been steadily improving over the last 10 years with people buying and redoing houses. Redoing the kitchen and 1 bath from functional but old to updated should allow us to increase rents at least $200 or more a month as the rest of the house has been very well maintained and updated. Our insurance agent couldn’t believe it was built in 1941. Rents in the area seem to already be around $1,150 for what she had for $950 as is. I underpriced it when I rented it last I think even though I increased it from the previous tenant.
I have learned a lot from this experience and I’ll expect I’ll learn more lol I was careful in screening this last time in regards to credit and income but here are a few lessons I plan to implement when I fill it this time:
No individual showings-just a set date and time- open house.
Collect all applications at once. After significant reading on this site and hindsight her eagerness to gives me money is suspect.
Insist on speaking to not just the last landlords but the one before that as well.
As always you guys were very helpful and I appreciate all the constructive feedback and information.