I have a question regarding what to do after a fire. We recently had a fire in our building (it is a one bedroom rental unit with storage on lower levels), and the tenant is now suing. The fire was ruled as electrical, and accidental by the fire department. During the walk through of the unit and the building we discovered many things.
1. Tenant did not have renters insurance.
2. Our insurance covered all property damages.
3. Tenant had a pet that was never given approval (lease said no pets!).
4. Tenant had removed all smoke detectors when batteries died. She did not replace them, and did not notify us to replace them.
5. Tenant had made changes to the bathroom without our consent. We do not know who did the "renovations", what quality of materials were used, etc.
6. Tenants unit was never affected by the fire (it was contained in the lower level). The only damage was slight smoke damage.
The tenant is now suing us, saying that her stuff was damaged (she never took her stuff out, so we have know locked unit to prove things are not damaged). We had offered to have everything professional cleaned to get the smoke smell out). She was able to go back in and grab mail off of the kitchen table, clothes, etc.! We have also taken pictures.
We did however give her back that months rent and her security deposit because we felt bad (not anymore!) she had nowhere to live. She felt like she could not mentally live there any more. The unit is in such great shape, it is ready to be rented again, but we can't because all of her junk is still in it. We didn't even give her a hassle over the bathroom, cat, etc. Right after the fire she asked for money to relocate even though we gave her rent and security deposit back. She is somehow expecting to get more than she ever had (oh yeah she doesn't ever hold a steady job).
My question is, does she have a case, and two, should we sue her in return for removing the smoke detectors (which caused the fire to get larger - she was woken up by someone driving by and then the FD was called) and breaking numerous rules in her lease? We were trying to help her out in her time of need and let her numerous violations slide, but now things have gotten to the point where we do not believe she deserves our compassion. Also, can we sue for court and lawyer fees?
Editor's Response
Occasionally I get a question that is so full of issues and traps that I decline to touch it. Usually, I just ignore the question. In this case, I am responding only to tell you that you should be talking to an attorney who deals with landlord and tenant issues. I'm not trying to freak you out, and all of the issues you mention can be dealt with (by someone who knows ALL the relevant facts and has thoroughly reviewed your situation).