State Specific Question About: GEORGIA (GA)

Hi...The ametur landlord here again...my saga continues...

The tenant's son in my rental property started a grease fire in the kitchen and attempted to put it out with water and then a water hose before he they called 911. The damage to the house is extensive.

Per the lease agreement, they had no renters insurance.

This tenant has been a problem all along. Multiple lease agreement violations...one problem after another.

Now, she refuses to let the mitigation team on the property while she collects her belongings. She has demanded 10 days to get her belonging without the mitigation crew on site. So, I terminated the lease and gave her 10 days from the date of the fire to get out. This was done in agreement with the insurance company.

Do I/Should I give her back her security deposit? There are other damages to the property her family, which will be fixed as part of the restoration. However, they are their damages and I have them documented prior to the fire.

Also, she was pouring grease down the sink and cost me $700 for a septic tank cleaning I had just performed less than a year ago and had to replace the filter. Can I/Should I charge her for that?

I could consult a lawyer...but for what? To write a letter I can write myself. I do have a good lawyer on standby that told me that if any legal action escalated beyond magistrate court to retain a lawyer.

Any tips? Thoughts?

"Do I/Should I give her back her security deposit? "

Seriously?

A security deposit may be used for damages above normal wear and tear. Since the tenants son is the cause of the fire whatever is not covered by your insurance company (for example any deductible) may be taken out of the security deposit.

This would be in addition to the damage she has provided to your septic tank system (although $700 is a significant amount for a clean out) as well as any damages prior to the fire that are NOT normal wear and tear.

It is unlikely there would be anything left of her security deposit to send her; indeed, she will likely owe you money.

Keep in mind that in Georgia you have 30 days to provide a departing tenant with the status of their security deposit after they vacate the rental property. If this tenant does not provide you with her new address you send this information to her last known address (your rental property), collect the letter and keep it unopened in your files as evidence that you followed the letter of the law in regards to providing this information within the time period for Georgia.

Do you have a receipt from when you first had the septic cleaned out, then a new receipt that stated it was due to excessive grease down the drain? If so, I would have billed for the clean out then and there.

As for 10 days to get stuff before remediation company - she is nuts. I would have remediation company box up her stuff and then deliver it to her. After all, you don't want her hurt in the property.

Next, how much damage did she do before the fire? Bill for that damage.

How much is your deductible? Bill for that since fire was due to negligence and it got worse due to improper handling.

I suggest you find a couple investor meetings in your area and start going when any of them have the next meeting, on the deposit accounting statement make deductions for the damages (which sounds like much farther than a deposit will cover) and send to last known address, you should have billed the septic repairs at the time of service rendered, most areas do not allow using the deposit until the unit has been turned back to the owner/manager, this is when you line item the damages;

1.) kitchen wallboard replacement and refinishing from fire - $8700.00 - photo taken.

2.) windows damaged by fire - $1375.00 - photo taken

3.) kitchen interior door fire damaged - $370.00 - photo taken

4.) kitchen floor damaged in fire $745.00 - photo taken

I am just using some examples here but you get the idea, keep it simple then add the damages for a total of $11190.00, your deposit held since (enter lease beginning date) is $875.00, the remaining balance is $10315.00 which we will expect payments unless your renters insurance can issue a check within 45 days, then we will be all clear.

No security deposit back. I agree with Vee's suggestion.

Next time no waiting on charging for issues such as the septic problem. Charge them as soon as the expense is incurred. The longer you wait, the more you'll end up paying.

Your insurance may offer help with collecting money from the tenant for the fire(your deductible) at a cost. Still not guaranteed, still a pain...

So many issues to now try to ADD on. You didn't handle them when they came up so stop wineing about them now. Several items missing in YOUR story. What did the fire chief say-- is it or not inhabitable? File with the court for eviction if she will not return it to you. "Tenant fails to return the property to you" property is uninhabitable -- get the ball rolling.

Next do your inspection along with the claim from the adjusters. Her damages will be you deductible from the insurance claim. Hope you had lost rents in your policy? but if not tenant will own that since they don't have renters insurance. If they will be fixed as part of restoration don't get greedy-- you can't charge twice.