tenants want deposit back, threatening to sue/harassing me, house was badly damaged, what do I do?

Question

Upon inspection, 2 month-to-month tenants left house in bad shape and want their deposit back!

We did not charge for wear and tear, etc. only what the lease said--maintain yard, clean house professionally when you leave, remove trash, no unprofessional painting by tenants

Heres the damage:
8-10, 2 inch holes in sheetrock from tenant shelf, bad self-painting jobs in 2 rooms, deeply scratched hardwoods in 3 rooms, bags of trash outside (they cancelled trash service so it was $50 for the city to take it), a garage filled with their unwanted items, dead lawn and no mowing, extremely dirty bathrooms (we had the place professionally cleaned before their move-in), 2 doors damaged from pet scratching and other dog damage, white paint splatters on new deck, etc.
in addition, they painted 2 other rooms mid-lease and asked if we would repaint them when one roommate left (we did as a courtesy).
Now they want their dep. back, even though we gave back 1/3 of it-too much! I have pics. of ALL

Answer 1

We have been to small claims court on several ocassions, although each time it was us that filed the claim for damages or in one case lack of payment for 1/2 the fuel oil (we own a duplex & split the oil). In each case we won.

Be prepared with pictures, a list of damages and costs. Your labor doesn't count unfortunately, but outside labor, such as a professional cleaner, or someone to repair those holes DOES. In one case we had to replace a door, which my husband installed, but the cost of the door & the stain was deductable.

Provided you have been a reasonable landlord (and it sound like you are), judges are sympathetic. In one case the ex-tenant argued the he didn't pay for oil because we were charging him the "going rate". We'd given him the option to prepare (he appeared interested), but didn't have the cash, so we put it on our credit card to give him another month and he STILL didn't pay. So we paid the whole thing and charged him the going rate as the oil was delivered, which is what we would have paid had we done the same. (Our oil company would put the rate on the slip each time we had a delivery). It is in the contract that each pays 1/2 of the fuel oil and "prepayment is an option". The judge lambasted him and ordered him to pay.

Good luck - we've had some great tenants and we've had some beauts! You should be fine as long as you have your documentation together.

Answer 2

Dave is correct in his answers. Your tenant has been in the property for 5yrs, this has got to be taken into consideration. Also if the items were not new at the time of the tenancy starting, this will make a difference. But this does not include the property being left dirty, this is not fair wear and tear, its laziness. Get quotes, I would suggest 3. Did you have an inventory? Take as many photos as possible of all the damage, do NOT do any repairs unless you are prepared for the tenant not to pay and the DPS to fall on the tenants side, then it will be at your cost. Log on to your deposit scheme immediately and put the amounts you wish to deduct, the tenants will then have chance to dispute the amounts. If you can not come to an agreement, then it will go to arbritation. Next time you rent, make sure your agent carries out 3 monthy visits to ensure the property is being kept in good order, if your managing it yourself then you can do this, with the correct notice.

Answer 3

Did they , abandan place, or did you evictic them? Eather way if they caused damages and that you have proof ( pictures are the best of before and after of what the place looks like. If the damages are more then the deposit of the place you have the right to sue the tentant for the remander of the damages that need to be paid for. Keep a record of what, who said and when they said it on log. You should have sent them a itemized listing to the tenant stating what was damaged and what it cost you and what they had as a deposit for the place and what the differnece is for what they owe you. If you have done this and certified mailed them a copy of your findings and all. You can then send them a second copy stating they have 7 days to comply to your request for payment. If no reply can take them to small claims court ( as long as it is not over 4000.00 in the state of WA) ( need to check on your courts systems to that in your own state) for your claim on what they owe you. If they do not show they lose and you will get what you want and if you have a great judge might get more for the harrassment, filing fees, your postage and your labor fees. Time is money.

Answer 4

Most states require the landlord to provide a written disposition of the deposit w/in a short period of time after the tenant leaves.

As long you met your legal obligation (14 days/30 days/whatever your state provides), the tenant has no recourse.....HOWEVER, if you missed your deadline and the tenant is aware of this law, the judge may have no choice but to award "double damages to the tenant". Make sure you followed the deposit rules.

Laws favor the tenant, but only if the landlord screws up.

Answer 5

Did you do a walk-through prior to them moving in? If you have a signed agreement from your tenants stating that all was well before they moved in, they have no case. The whole point of a move-in/walk-through inspection is to determine any damages, if any, that were there from the previous tenants or long term damages.

As long as you have the move-in/walk-through inspection dated and signed by your tenants you will have no problem proving that they caused extensive damage to your property, during the time that they resided there. Keep all pictures and receipts of the cost it takes/took you to fix the property.

If you do not have a signed and dated move-in inspection from your tenants prior to them moving in, it will be your word against theirs. And if that is the case you may lose.

Contact the HUD, Housing Urban Development, and the Tenants Union in your are to get more info. Information as your right as a landlord and info on tenants rights.

Answer 6

Give them an itemized list of the repairs and costs to you by them vacating. And unless they take you to court, you are following the law.

BTW: The burden of proof is on them. If they take you to court they have to prove their allegations which are that they deserve their deposit back. YOU have the pictures and the receipts for the costs so you are quite likely to have a favorable verdict. The fact that you gave them some money back may or may not benefit you, however in a countersuit I wouldn't look to win anything back.

Peace.

Answer 7

Ok - In most states, you are required to provide an itemized list of what costs are coming out of their deposit for what reason. Provide pictures in the report. That is all you are required to do. They can try to sue all they want, but they cannot if you have pictures backing it up.

Answer 8

Document your damages, both in pictures and expert quotes when possible, receipts.

They can complain all they want, maybe even take you to court, but unless a judge sides with them, they can WANT all they like, what they deserve is another matter.

I assume you properly and timely notified them of the damages.

Answer 9

Go to http://judgejudy.com and file your case at the site. Then let them get fried in her TV courtroom. Make sure you keep all the photos of the damages as well as the estimates of the repair costs at hand. I'm sure Judge Judy will make a fool out of the troublesome ex-tenants of yours!

Answer 10

If the cost of repairs is more than the deposit, take them to small claims court.