tenant moved out
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
tenant moved out (by Dennis [RI]) Jun 24, 2011 4:43 PM
       tenant moved out (by Irish [MD]) Jun 24, 2011 5:27 PM
       tenant moved out (by Dennis [RI]) Jun 24, 2011 5:41 PM
       tenant moved out (by Irish [MD]) Jun 24, 2011 5:50 PM
       tenant moved out (by Hoodster [MO]) Jun 24, 2011 6:03 PM
       tenant moved out (by BRAD 20,000 [IN]) Jun 24, 2011 8:05 PM
       tenant moved out (by billy [MA]) Jun 25, 2011 6:20 AM
       tenant moved out (by Dennis [RI]) Jun 25, 2011 8:20 AM
       tenant moved out (by Dennis [RI]) Jun 25, 2011 8:22 AM
       tenant moved out (by Dennis [RI]) Jun 25, 2011 8:26 AM
       tenant moved out (by Virden [OH]) Jun 25, 2011 6:52 PM
       tenant moved out (by BRAD 20,000 [IN]) Jun 25, 2011 7:58 PM
       tenant moved out (by Dennis [RI]) Jun 26, 2011 7:25 AM


tenant moved out (by Dennis [RI]) Posted on: Jun 24, 2011 4:43 PM
Message:

State Specific Question About: RHODE ISLAND (RI)

Hi,

I had a tenant vacate her apartment as of June 1st.

The tenant left me with over $2,000 in damages. Her security deposit is only 650. Obviously I cant charge her for normal wear and tear items but I can charge her and am for "EXCESSIVE" wear and tear. This tenant is a nightmare. She tries to TELL ME how to run my business, etc, etc.

So she left her apartment ABSOLUTELY DISGUSTING, did NOT follow her move out documents even tho she signed them stating she did 100% of everything she was responsible for.

Besides her security deposit we have invoiced her for $496.33.

The invoice was sent on June 10, 2011 and it was stated in the letter that per her lease agreement if the invoice is NOT paid withn 30, 60, 90 &120 days it WILL be reported on her credit.

My assistant has been mainly dealing with her as she just yells and swears at me and I REFUSE to stoop to her level and act unprofessionally. I am just thankful she is OUT of this particular property and so are the other tenants.

I have NEVER had an experience like this in my near 8 years of being a landlord. Does anyone have any advice for me as to how to handle this/her, PROFESSIONALLY but sternly?

ANY/ALL RESPONSES ARE (AS ALWAYS) GREATLY APPRECIATED!!!!!

Thank you all.

I hope everyone has a great weekend!

Dennis --68.9.xxx.xx




tenant moved out (by Irish [MD]) Posted on: Jun 24, 2011 5:27 PM
Message:

I would advise you and your assistant quit talking to them, and wiat out the court date. I'd bet that this one would soon get onto the judge's nerves so bad that the judge quits listening and rules full payment to you. --96.239.xxx.xx




tenant moved out (by Dennis [RI]) Posted on: Jun 24, 2011 5:41 PM
Message:

Irish, Unfortunately your right!!!

We have stopped ALL communications. I am waiting to receive a supposed "certified letter". The are talks of court by her, but its just funny. My lawyer is drawing up a paper. AND she ILLEGALLY (law and lease wise) transferred the utilities out of her name. CRAZY!!! --68.9.xxx.xx




tenant moved out (by Irish [MD]) Posted on: Jun 24, 2011 5:50 PM
Message:

FYI, here is one of my lease clauses for things like this...

The tenant shall pay and indemnigy the Landlord for all legal costs and charges, including resonable attorney fees, in oftaining possession of the property after default by the Tenant, or incurred for enforcing any covenant of the Tenant herein contained. The tenant shall pay said court and legal fees in the event of a final judgement in favor of the Landlord. --96.239.xxx.xx




tenant moved out (by Hoodster [MO]) Posted on: Jun 24, 2011 6:03 PM
Message:

When dealing with these types: I bust out one of two phrases. "I'm not going to argue with you" or "you're yelling at me. If you continue to do so, I will end this call." On the tough tenants.. it may work rarely, but at lease limits the increase in hostility....let us know how it shakes out.... --70.12.xx.x




tenant moved out (by BRAD 20,000 [IN]) Posted on: Jun 24, 2011 8:05 PM
Message:

You are too emotional about this. This is not unusual behavior by a resident so do not let it affect you.

Stick to the facts: unpaid rent + late fees + repairs made = total bill.

I'm confused, $2000 in damages but a bill for $496? Did I miss something?

I don't get the 120 days thing. Why 120 and do you really think she is going to give you a penny?

If the total bill is really only $496, skiip it. Your atty will smell your fear and run up a big bill, which your tenant will never pay. For that amount, skip it and move on.

--50.129.xxx.xxx




tenant moved out (by billy [MA]) Posted on: Jun 25, 2011 6:20 AM
Message:

if she doesnt pay i would try to get her into small claims court if the amount is not too big for it.if u hire a lawyer it will cost u big time. --173.162.xxx.xxx




tenant moved out (by Dennis [RI]) Posted on: Jun 25, 2011 8:20 AM
Message:

The invoice amount she owes us is 496 as we have her security depoist of $650 that we are keeping. The 496 is in excess of her security deposit. I guess I am emotional about this as it is my first BAD experience after near 8 years of landlording.

the 120 day thing, just means that if the invoice is not paid it will be reported on her credit after 30, 60, 90 & 120 days, and then as of 150 days it will be reported as a charge off or whatever term they would use to say she did NOT pay. --68.9.xxx.xx




tenant moved out (by Dennis [RI]) Posted on: Jun 25, 2011 8:22 AM
Message:

Also out of the TOTAL damages of $2000 + I can NOT charge her for all of it as some is ORDINARY wear and tear. She is being charged for broken items, missing items, move out procedures that were not followed and EXCESSIVE wear and tear. --68.9.xxx.xx




tenant moved out (by Dennis [RI]) Posted on: Jun 25, 2011 8:26 AM
Message:

Also it is in our lease that if we ever end up in court and I prevail the plaintiff is responsible for ALL of my court costs and attorney's fees. --68.9.xxx.xx




tenant moved out (by Virden [OH]) Posted on: Jun 25, 2011 6:52 PM
Message:

Take the move-out photos, repair, repaint, rerent - go to court in between as needed, in court use actual repair bills as much as possible and estimates based on previous actual bills. --68.76.xxx.xxx




tenant moved out (by BRAD 20,000 [IN]) Posted on: Jun 25, 2011 7:58 PM
Message:

Dennis, Congrats on 8 years of easy LLing!

Are you saying the remaining $1500 is "ORDINARY"?

Don't roll over and play dead for a tenant that cheated you. Charge what it costs. If it goes to court and they argue or the judge questions it, negotiate a lower amount if you like.

"Wear and tear" is things like sun-fade, rubber cracked from age, carpet thinner in walk patterns. Dirt, stains, scratches, move out shampoo, repaint from marks on the walls are NOT wear. They are abuse and lack of housekeeping.

I'm guessing you're new at the court thing, too. DO NOT let an atty rack up ANY bill with the idea your tenant will pay it. Getting this tenant TO court will be a challenge and getting ANY money is next to impossible, so keep your expenses low.

Get with your local assoc for advice.

Make CERTAIN you complied with state law for giving the tenant written deposit settlement. You said "kept deposit". Our state requires we show the tenant IN WRITING, by a certain number of days, exactly HOW their deposit was applied. If not, their free atty can demand it all back plus HIS $450 fees. --50.129.xxx.xxx




tenant moved out (by Dennis [RI]) Posted on: Jun 26, 2011 7:25 AM
Message:

Thanks brad!!

I did send her her the breakdown of how her security deposit was used. A DETAILED, itemized list, with in the proper time frame. So you are saying I should go after her for more? She Does owe it but honestly I do NOT even care as I can NOT deal with this 30 year old CHILD!!!

she is NOT paying the amount she has been billed never mind more! She is leaving th state so I really doubt her threat of court is anything more than a threat.

IF we do end up in court; I have 20+ videos of her apt& ALL paper work an other documentation. I also have a neighbor and one of my painters on video confiriming what they saw and how many hours we worked ( not sure that that matters but point is , my ass is covered with documentation.

Thanks!!

8 years an I'm still learning!! NEVER a boring day!! --68.9.xxx.xx





Reply:
Subject: RE: tenant moved out
Your Name:
Your State:

Message:
tenant moved out
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: