Sec.Dep. Return When Tenant Takes Property
Should I fight this?
A tenant moved out and left a few items in the shed and took the screens to fix. She asked me to be patient while she got them fixed. 60 days later she finally contacts me w/ her new address and says just dispose of stuff she left + she could not fix the screens. I immediately sent the letter and the remaining secdep$'s. There were many more damages than she thinks/remembers/admits. She went straight to the State Consumer Protection and I just recvd letter asking for entire sec.dep or they will take me to court. Any chance I should fight? Amnt would be 1100 difference from return and request. Thx
Sound like you didn't handle this properly from the beginning. Never let a tennant move out and take your stuff (promising to fix it), leave their stuff behind, etc. When they move out and hand over the keys, that should be the end of it... period.
The lease should spell out the conditions of the deposit. You can't just let people willy nilly decide to leave you hanging when they move out, make promises and disappear for undeterminate amounts of time.
When they move in, do a walkthru with your new tennant with a document itemizing the condition of everything in the unit, then have them sign it.
When they move out, do another walkthru with that same document to identify any damages (beyond normal wear and tear) or lack of clean up, items left behind etc. If deductions to the deposit are to be made they should be itemized and sent to the ex-tennant with the remaining deposit. All deductions should be in accordance with the origional lease agreement.
If you do this properly, you can fight and win because you kept good records and charged for the tennant's non-performance in accordance with the lease agreement. If you didn't keep good records or have a good lease agreement, you'll probably wind up on people's court looking like a fool if you try and fight it.
The law does not usually side with landlords who do not practice due dilligence.
I do have a good lease and I do manage fairly well.=
She was a single Mom of 3, working around school schedule. Yes, I was too flexible this time but I had put the push on her because 2 AirForce guys needed the place asap as they were moving from Alaska to Dover,DE. She moved out fast so that they moved in/out around each other.
I was surprised when I got over there the next week (1.5hr.away) and found that her teen son had developed an anger management problem and there was some real damage.
Yes, I should have just completed the paperwork based on the conditions - period.
The State can demand 2X1800 but they have asked for 1570 instead of the 500 I sent. I guess I will grin and bear, bare, beer it! : :-( :-( :-( :-( :-( :-( :-o
Do you have anything in writing as far as move out conditions go or pictures? Do you have a letter from her showing she left items behind she wants you to deal with or that she is not returning your screens?
Government agencies are not landlord friendly that is true, but they also realize there are two sides to the story. If you can compile a list of the things you are charging for and show reasonable costs associated with them and for the 1st couple of items provide back up documentation like pictures or letters you may be ok. Your response could say that you are willing to provide the rest of the documentation in court.
Of course this is all assuming you have at least some documentation, even if you are bluffing on the rest of it, and that you charged a reasonable amout of money to handle things and just didn't pull numbers through from the air.
It would help if you have invoices from contractors also.
Of course ultimately it is up to you whether to fight it or not. Sometimes it is worth bringing this information to them in person so you can sit down with them and show them you are not out to take anyone's money.
Thanks for your thoughts/questions, dnvrkid--
I do have some pics.
I also have emails from her telling me the screen saga and asking me to give her time to resolve.
Meanwhile, the new tenants both got deployed, so some of the damages to the doors/garage door/ will not be taken care of until late winter/Spring.
I hate to hire Lowes to do the work if it will be on us, but I could. Sometimes the repair can wait a little while, but it is still tenant damage that will need to be fixed.
I may take your tip and put together what I have and see how it looks in order to decide. I was surprised that she did not contact me first to discuss or question the charges. Thanks again.[ Edited by ceinvests on Date 12/24/2004 ]
It would seem that you are entitled to keep the amount from her security deposit to repair tenant caused damages other than wear and tear. There may be an issue with the timeliness of your return of the deposit. In CA we must respond within 21 days with an accounting of the amounts withheld. You might contact the State Consumer Protection Agency and ask the basis of their claim. If they are on thin ice and you have documentation and photos justifying what was withheld, if it were me I would like to see what their lawsuit looks like. I do not like to be bullied just because I have more money than someone who damages my property.
I am sure the State Consumer Agency will not sure out of hand. Respond to the letter you received . Tell them your side of the story, send copies of the pictures and printouts of all the email - both what she said and how you responded. Chances are you will not have to pay any additional.
Quote:I hate to hire Lowes to do the work if it will be on us, but I could.Usually, you can only deduct your actual costs to repair from the tenant's security deposit. If you choose not to repair or defer repair, then you can't deduct for money you have not spent.
Additionally, your personal labor is contributed free of charge. You can charge the cost of materials but not the cost of your own labor for do-it-yourself repairs.
It sounds to me that any settlement in your situation is better than court.