Sec.Dep. Dispute
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Sec.Dep. Dispute (by Ponari [TX]) Aug 19, 2012 9:13 AM
       Sec.Dep. Dispute (by OPM [OR]) Aug 19, 2012 9:28 AM
       Sec.Dep. Dispute (by Nicole [PA]) Aug 19, 2012 9:47 AM
       Sec.Dep. Dispute (by Ken [NY]) Aug 19, 2012 10:48 AM
       Sec.Dep. Dispute (by Ponari [TX]) Aug 19, 2012 11:20 AM
       Sec.Dep. Dispute (by Ponari [TX]) Aug 19, 2012 11:20 AM
       Sec.Dep. Dispute (by in [IN]) Aug 19, 2012 11:38 AM
       Sec.Dep. Dispute (by Ponari [TX]) Aug 19, 2012 12:33 PM
       Sec.Dep. Dispute (by Pattk [MO]) Aug 19, 2012 12:59 PM
       Sec.Dep. Dispute (by Mike45 [NV]) Aug 19, 2012 1:16 PM
       Sec.Dep. Dispute (by Ponari [TX]) Aug 19, 2012 1:32 PM
       Sec.Dep. Dispute (by Pattyk [MO]) Aug 19, 2012 1:50 PM
       Sec.Dep. Dispute (by Ponari [TX]) Aug 19, 2012 1:56 PM
       Sec.Dep. Dispute (by in [IN]) Aug 19, 2012 6:14 PM
       Sec.Dep. Dispute (by Robert J [CA]) Aug 19, 2012 8:30 PM


Sec.Dep. Dispute (by Ponari [TX]) Posted on: Aug 19, 2012 9:13 AM
Message:

I'm going back and forth with a tenant regarding the repair of a sprinkler head close to the drive way.

We were fortunate enough to have him move out and the new tenant move in on the same day.

New tenant complained that sprinkler was not working properly so we had repair company go out and repair. The sprinkler had been pushed down and was broken. We deducted from former tenant's sec. dep. and sent him the invoice as confirmation. He's telling us to prove it was him.

He removed stove and replaced with his own - was supposed to reinstall ours when he left - didn't happen so we charged him. He said to prove he was supposed to. I sent him the emails confirming this.

He removed a back door and put in one with a doggie door without asking. He was supposed to reinstall original door - didn't happen. He said prove he was supposed to. i sent him the emails confirming this. Now he said because we are trying to keep all his money he wants the door back!!

How can we prove we can charge for the sprinkler?

Thanks.

--173.74.xxx.xxx




Sec.Dep. Dispute (by OPM [OR]) Posted on: Aug 19, 2012 9:28 AM
Message:

HI Ponari...

So here is an excellent example of why you have two items

1. on the first page of your rental agreement.. a tenants declaration that they have checked the home with the owner and found everything in working order, not broken or missing..and no needed repairs..

gotcha #1... the sprinkler worked when you moved in and since you are in possession you are on the hook for repairs.

2. of course a written and detailed move in/out list.. again they sign it..

so you are covered.. no need to 'prove it'

they signed it was all good.. they had possession and were to report any needs, they did not..

fini --75.142.xxx.xxx




Sec.Dep. Dispute (by Nicole [PA]) Posted on: Aug 19, 2012 9:47 AM
Message:

why not just send your list and be done with it. If they disagree, it's their next step to move forward w/court and I'd guess the majority won't spend the money to do so. --72.95.xx.xxx




Sec.Dep. Dispute (by Ken [NY]) Posted on: Aug 19, 2012 10:48 AM
Message:

Don't argue with them,if they don't like it they can sue you in small claims court --72.224.xx.x




Sec.Dep. Dispute (by Ponari [TX]) Posted on: Aug 19, 2012 11:20 AM
Message:

Thanks so much.

We do have the move in form signed. They did need a sprinkler repair while there and it was done.

We have never had them sign a move out as we do inspection after they move so that is something to consider.

--173.74.xxx.xxx




Sec.Dep. Dispute (by Ponari [TX]) Posted on: Aug 19, 2012 11:20 AM
Message:

Thanks so much.

We do have the move in form signed. They did need a sprinkler repair while there and it was done.

We have never had them sign a move out as we do inspection after they move so that is something to consider.

--173.74.xxx.xxx




Sec.Dep. Dispute (by in [IN]) Posted on: Aug 19, 2012 11:38 AM
Message:

A sprinkler heaad can be leaking and not show up on an inspection, even a filter can be bad...a sprinler head is less than $10.00 rotor and as low as $2.00 impact...

Are you really that hard up for revenge.

You want to fight about the silliest things., they go bad I have over 40 in my yard, and replace 1 or 2 every year, it's a 10 minute job.

The new tenant could have driven over it, stove and door not a problem,

$100 court filing fee, $150 an hour for an Attoreny, plus your time, $500.00 at risk a $2.00 part. sounds like divorce court to me. Judges love to hear these case, and Attorneys say, "it is a billiable hour".

The $500.00 case of the $2.00 sprinkler head.

--98.253.xxx.xxx




Sec.Dep. Dispute (by Ponari [TX]) Posted on: Aug 19, 2012 12:33 PM
Message:

Not hard up for revenge at all.

It was a legitimate expense that we were billed $120 for. We sent them a copy of the invoice and he is saying prove it was him.

We replaced sprinkler heads free of charge all year b/c his lawn service kept breaking them.

Thanks for your response.

--173.74.xxx.xxx




Sec.Dep. Dispute (by Pattk [MO]) Posted on: Aug 19, 2012 12:59 PM
Message:

i think your invoice proves it, i'd give him 1/2 credit or $60 charge, split it with them.

Ok so you didn't hold the lawn service accountable, and neither did tenant.

The home was in his care. If you are charging him for the new door, then tell him to come and get his doggie door. Yes, of course.

Where is your stove he removed? Did he leave the stove he bought? Is it a better stove?

Try and find a resolution. With legal holy moly treats. --184.239.xxx.xxx




Sec.Dep. Dispute (by Mike45 [NV]) Posted on: Aug 19, 2012 1:16 PM
Message:

The problem is for you to prove that the damage to the sprinkler head occurred when he was in possession, as opposed to when the new tenant was in possession. You cannot.

I would charge him for the stove and back door issues (and if you have not diposed of his back door yet, I'd let him have it -- otherwise, it was abandoned by him). But who knows when the sprinkler head was driven over? --67.233.xxx.xxx




Sec.Dep. Dispute (by Ponari [TX]) Posted on: Aug 19, 2012 1:32 PM
Message:

Pattk - he asked new tenant if they wanted to keep the doggie door (they have a dog). I didn't know anything about it. When he installed it he wrapped our door and put it in the garage. We didn't charge him anything for door.

He took his new stove and left our gas stove in the garage. We had it moved back into the house and reconnected by our plumber b/c they had damaged the pipe which needed to be replaced. I sent him the invoice for that.

He was sent copies of emails stating he would replace door and stove before leaving.

Mike45 - you are correct. This guy never hesitated to let us know of any issues and they were always corrected within a week. If the sprinkler head had not been working we would have been notified. But, I cannot prove it and neither can he - my dilemma!

--173.74.xxx.xxx




Sec.Dep. Dispute (by Pattyk [MO]) Posted on: Aug 19, 2012 1:50 PM
Message:

Ok, then the door is done, you do not charge him for the door.

You can charge him for the reinstall of the stove, unless you did the work yourself. I usually have my sister do it :) wink, wink. If you called in a plumber to fix the pipe then perhaps he should pay for that.

I would just give up the rest. Sounds like you got the house back in fair to better condition, time to get him off your to do list. I don't' like the "prove it" attitude,,, ok buddy you prove you didn't, i'm the guy holding your money!

it's so frustrating when we are going thru this stuff,,, good post. it will all work out.

--184.239.xxx.xxx




Sec.Dep. Dispute (by Ponari [TX]) Posted on: Aug 19, 2012 1:56 PM
Message:

PattyK-thanks, we did pay the plumber and he was sent the invoice with the accounting of his security deposit.

For the record, he paid his $350 pet fee - 1 dog, brought in another dog without asking. I charged his s/d only to be told he would be contacting his attorney. Three days later, an apology - he forgot to read the lease and missed where it stated he only paid for one dog.

He has questioned everything. I'm ready to move on.

Thanks again. --173.74.xxx.xxx




Sec.Dep. Dispute (by in [IN]) Posted on: Aug 19, 2012 6:14 PM
Message:

If your lawn service is breaking sprinkler heads they are not installed correctly, and at $120 that is lot of money to replace a sprinkler head.

The lawn guy in my area would charge a lot more if they had to replace sprinkler heads at $120 each....doubt any of them would be interested in taking care of the lawn.

Mine broke when a truck drove over it, mulching, found out about it later never even called him, nor the irrigation guy. just swapped it out. --98.253.xxx.xxx




Sec.Dep. Dispute (by Robert J [CA]) Posted on: Aug 19, 2012 8:30 PM
Message:

My average single family home has an automatic sprinkler system with 4 to 8 stations and 20 to 40 sprinkler heads. The gardeners replace broken heads every few months and bill me.

How in the world are you going to charge a tenant for a broken head when they break anyways from mowing, kids bicks, people walking on them, etc? I would let this one go! --173.55.xx.xxx





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