 pet damages (by Marie Forney [SC]) Mar 16, 2015 3:59 PM
 pet damages (by SharonG [SC]) Mar 16, 2015 4:27 PM
pet damages (by Marie [SC]) Mar 16, 2015 5:04 PM
pet damages (by Lori [NY]) Mar 16, 2015 5:12 PM
pet damages (by Bo [PA]) Mar 16, 2015 5:14 PM
pet damages (by SharonG [SC]) Mar 16, 2015 5:15 PM
pet damages (by Marie [SC]) Mar 16, 2015 5:31 PM
pet damages (by SharonG [SC]) Mar 16, 2015 5:38 PM
pet damages (by Marie [SC]) Mar 16, 2015 5:39 PM
pet damages (by Lori [MD]) Mar 16, 2015 6:18 PM
pet damages (by DIXIE [KS]) Mar 16, 2015 6:24 PM
pet damages (by BRAD 20,000 [IN]) Mar 16, 2015 8:12 PM
pet damages (by AllyM [NJ]) Mar 16, 2015 8:28 PM
pet damages (by Vee [OH]) Mar 17, 2015 12:36 AM
pet damages (by Gail K [GA]) Mar 17, 2015 4:38 AM
pet damages (by Wilma [PA]) Mar 17, 2015 11:18 AM
pet damages (by Judi [CA]) Mar 17, 2015 1:55 PM
pet damages (by Marie Forney [SC]) Posted on: Mar 16, 2015 3:59 PM
Message:
State Specific Question About: SOUTH CAROLINA (SC)
Tenant's dog chewed entertainment center and chair(it was rented furnished) and now says she only wants to pay half what the estimated cost to repair. I'm not negotiating. Can she take me to court? --108.78.xxx.xx |
pet damages (by SharonG [SC]) Posted on: Mar 16, 2015 4:27 PM
Message:
So you rented her/him, she caused damage and paying price to fix that damage. It is half of estimated price and you agree to it. Everybody happy, all papers signed, money changed hands. What is possible reason you suspect she will take you to court? --75.190.xxx.xx |
pet damages (by Marie [SC]) Posted on: Mar 16, 2015 5:04 PM
Message:
She only wants to pay half of the estimated amount to fix the furniture to be taken from her security. She's saying the amount is unreasonable, even though I had a reputable company give me the estimate. Am I within my right to withhold said amount to fix damages done by her animal? --108.78.xxx.xx |
pet damages (by Lori [NY]) Posted on: Mar 16, 2015 5:12 PM
Message:
Do o have pictures before and after? Does this move inspection say there was damage present when they moved in?
I am not an authority, but I would say yes you can deduct from security deposit when they move out. Not before, they may cause more damage just to get even. --74.78.xxx.xxx |
pet damages (by Bo [PA]) Posted on: Mar 16, 2015 5:14 PM
Message:
What kind of furniture is this? Just curious - I think most of my tenants' furniture would cost more to repair than to replace. I looked at having a couch of my own reupholstered a couple of years ago, but buying new, good quality was cheaper. I don't rent out furnished properties though.
I guess my point is - have you looked at replacement value? Is the repair a significant portion of replacement value? Would replacing with lower quality make more sense?
Are you going to continue using valuable furniture in your rentals after this incident? I am not being sarcastic... I am genuinely interested.
Also, here in PA we have 30 days to return security deposit breakdown and the accompanying bill. Why are you arguing about this before she moves out? I don't hand out sec deps at move out - I take my time, get repairs done, cleaning done, and send copy of bill with SD transmittal. I have had tenants threaten to sue me, but nobody wants to pay the $130 filing fee to actually go through with it for $300-500. --24.165.xxx.xx |
pet damages (by SharonG [SC]) Posted on: Mar 16, 2015 5:15 PM
Message:
Is there record of furniture in the lease or addendum? Is she responsible for damages she causes to the furniture according to your lease? Is the estimate written by the company (meaning not just "they said so" and may back up on their word)?
If all answers are "yes",I think there is no problem to keep part (or all) of the security deposit to pay for it.
--75.190.xxx.xx |
pet damages (by Marie [SC]) Posted on: Mar 16, 2015 5:31 PM
Message:
Tenant has already moved out. Tenant and property manager did a thorough inspection at move in and no damage was reported on furniture. It would cost more to replace than to fix at this point. It was a winter rental in a resort area, that is why I rent it furnished. And yes, I have 30 days to refund security but she is already disputing the charges and I haven't submitted the bill yet. I have numerous pictures supporting the damages. --108.78.xxx.xx |
pet damages (by SharonG [SC]) Posted on: Mar 16, 2015 5:38 PM
Message:
I think you can go ahead and deduct it. Send her copy of estimate too.
Taking you to court costs money, she will not do it. The only part of the situation she doesn't agree with is repair cost estimated by professional. --75.190.xxx.xx |
pet damages (by Marie [SC]) Posted on: Mar 16, 2015 5:39 PM
Message:
Yes, the estimate is written, yes, the lease states she is responsible for damages and yes all the furniture is on inventory sheet that is gone through at move in. I guess what I'm asking is if she disputes the charges, is the law on my side? --108.78.xxx.xx |
pet damages (by Lori [MD]) Posted on: Mar 16, 2015 6:18 PM
Message:
Ah, I just remembered something that I learned here a long time ago.
Basically, avoid small claims court, you never know what will happen. I went to small claims once, the Judge basically starts out with "Dear Lovely Tenant, what did this Mean, Nasty, Crazy Landlord do to you". I was 100% correct, yet lost half the case.
In your case, I can just hear the Judge, This is normal wear and tear, this should have been expected. Next! --74.78.xxx.xxx |
pet damages (by DIXIE [KS]) Posted on: Mar 16, 2015 6:24 PM
Message:
I think you should definitely charge her what it is costing you to replace the items that she damaged. If she wants to sue you, then let her. This is an easy win for you since you have the two things the judge will want: the move in inspection [with her signature on it] stating NO damage to the furniture and your move-out pictures showing damage to the furniture. --67.143.xx.x |
pet damages (by BRAD 20,000 [IN]) Posted on: Mar 16, 2015 8:12 PM
Message:
Marie,
How much difference are we talking here?
Get a written QUOTATION. Deduct it from her deposit. Include some nice close ups with the deposit settlement.
My goal is to make it sooo obvious they dare not complain. If they take it to a free atty I want that atty to look at the photos and quotation and say "M'am you don't have a case here."
Anyone can sue anybody at anytime.
Many threaten, few do, but some DO. If you lose even $1, you have to pay HER atty and filing fees.
If she complains again, settle. Crazy unforeseen things happen in court and settling is ALWAYS better.
My judge has adopted a phrase I teach at our local assoc:
The written move in inspection, signed by the res and backed with 100 photos is MORE important than the lease.
In the end: Wanna be right or rich? Cannot be both.
Sometimes STAYING STRONG means backing off for the good of your business.
-BRAD --67.175.xx.xxx |
pet damages (by AllyM [NJ]) Posted on: Mar 16, 2015 8:28 PM
Message:
The cost of old used furniture can be difficult to figure out. Are you asking for a minimal repair or a whole new cushion or what?
Make sure you are not trying to better yourself with the repair and just get the repair done that way it might be more acceptable to the tenant.
She can't take you to court since you are the injured party. If you try to evict her she might win the case over this.
Just make minor repair and don't make a big deal out of it. Losing a tenant will cost you a lot of money. Wait until she moves out on her own and either take it out of her rent security or write it off on your taxes --73.33.xxx.xxx |
pet damages (by Vee [OH]) Posted on: Mar 17, 2015 12:36 AM
Message:
Why this wasnt noticed during move-out? you need a new manager, but for now damage is damage and should be photo and estimate repair/replace deducted from damage deposit according to your local/state laws. --75.94.xxx.xxx |
pet damages (by Gail K [GA]) Posted on: Mar 17, 2015 4:38 AM
Message:
1. Take pictures of the damage.
2. Take the depreciated cost of the furniture out of the security deposit.
Can the former tenant sue? Of course. Will she? Who knows. Your evidence to dispute her claims will be your pictures of the damages and the reasonable (depreciated) replacement cost.
Gail --152.133.x.xxx |
pet damages (by Wilma [PA]) Posted on: Mar 17, 2015 11:18 AM
Message:
What Brad said - good photos included with written estimate from a reputable repair company. Trust me, tenants often threaten, but rarely sue - they usually find that the court costs are not worth it. If they show your careful documentation to a freebie lawyer (because they can rarely afford a paid lawyer), he'll look at it and tell them that they don't have a case.
I still remember the former tenants whose family made a mess of a sfh, calling and yelling that they had "a picture of every room" from move-out to show the judge. I calmly responded that I had at least a dozen of each room, including closeups, so go right ahead. Never heard from them again, so I imagine that the freebie attorney had told them to try that tactic in case we had no photographic proof.
Learned to take a zillion photographs of each move-in and move-out right here!!!! (Special thanks to Brad for harping on that a lot over the years.) --71.175.xxx.xxx |
pet damages (by Judi [CA]) Posted on: Mar 17, 2015 1:55 PM
Message:
My last horrible tenant did a ton of damage that did not even get covered by the entire security deposit. Though I made courtesy adjustments where I could and agreed to settle for the amount of the deposit, the bulldog caregiver sister said she would 'accept' a $50 deduction for cleaning and that was it, then threatened me with small claims court. I had pictures, I had signatures on the lease outlining what tenant would be responsible for, and kept her threatening messages all in a nice manila folder just waiting for the judge.
It's been 4 months and nothing yet. As many have said here, as long as your ducks are in a row, just go about your business and if your former t is stupid enough to try, you'll cross that bridge when you come to it. Likely you won't have to. --172.5.xxx.xxx |
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