unhappy with statement (by jeffpas [IL]) Jan 9, 2018 2:57 PM|
unhappy with statement (by Moshe [CA]) Jan 9, 2018 3:03 PM
unhappy with statement (by Ken [NY]) Jan 9, 2018 3:05 PM
unhappy with statement (by AllyM [NJ]) Jan 9, 2018 3:20 PM
unhappy with statement (by jeffpas [IL]) Jan 9, 2018 4:11 PM
unhappy with statement (by Vee [OH]) Jan 9, 2018 4:12 PM
unhappy with statement (by Gail K [GA]) Jan 9, 2018 4:54 PM
unhappy with statement (by Nicole [PA]) Jan 9, 2018 5:45 PM
unhappy with statement (by Moshe [CA]) Jan 9, 2018 8:26 PM
unhappy with statement (by RR78 [VA]) Jan 9, 2018 9:11 PM
unhappy with statement (by plenty [MO]) Jan 10, 2018 5:53 AM
unhappy with statement (by Vee [OH]) Jan 10, 2018 6:04 AM
unhappy with statement (by John... [MI]) Jan 10, 2018 6:15 AM
unhappy with statement (by Otis [IL]) Jan 10, 2018 6:36 AM
unhappy with statement (by WMH [NC]) Jan 10, 2018 7:08 AM
unhappy with statement (by Kyle [IN]) Jan 10, 2018 8:27 AM
unhappy with statement (by NC INVESTOR [NC]) Jan 10, 2018 9:12 AM
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unhappy with statement (by jeffpas [IL]) Posted on: Jan 9, 2018 2:57 PM
Renter up and decided to leave early after 7 months, claimed his girlfriend was having a baby, and didn't want to live at the residence.
I told him he could break the lease if he paid an early lease termination fee, which he did.
However, he also did some other things- took the frame off the upstairs window and left it off (difficult to put back on), broke some screens, dirtied carpet, took showers in bathroom and paint was coming off walls......broke stair treads....left a bunch of trash behind, etc. The missing window pane was a real hit since we had 15 below temps after that and the building lost a lot of heat. He got about 1/3 of his deposit back in a check.
I sent him a statement itemizing everything carefully and a check for the remainder. Then he texts me back, 'Hey, I finally got the deposit statement today. I think I was overcharged.'
I considered telling him to write our email address and we will check into it, but my instinct is not to reply at all, which is what another landlord advised to do. Because once we start this back and forth haggling, its just going to escalate and be an ongoing issue. Plus the more its discussed, the more the renter is going to dig in and feel wronged, etc.
Cease all communication after deposit statement mailed, or try to appease?
unhappy with statement (by Moshe [CA]) Posted on: Jan 9, 2018 3:03 PM
" Cease all communication after deposit statement mailed "?
Not very professional. A court might hold it against you.
If you were justified in your charges, then you owe an explanation of why that is the case. If it ever goes to court, you will have to provide this explanation, anyway.
unhappy with statement (by Ken [NY]) Posted on: Jan 9, 2018 3:05 PM
I would ignore him,nothing to be gained --72.231.xxx.xxx
unhappy with statement (by AllyM [NJ]) Posted on: Jan 9, 2018 3:20 PM
In this state we have to include bills for the repairs. Do you have any that you didn't include? Send him that one and tell him you need some of the money back because you found more damage. --73.33.xxx.xxx
unhappy with statement (by jeffpas [IL]) Posted on: Jan 9, 2018 4:11 PM
I had prestated what the move out costs would be depending on what was damaged on a sheet, and had him initial that when he signed the lease. Then I referred back to that in the deposit statement. I did have one receipt for something not on that list.
Against my better judgement I replied back and explained again, telling him what he was charged was normal and not out of the ordinary.
I think I had better not reply after that. Sometimes its best not to say anything at all, I've learned as a landlord... its knowing when not to say it lol. --107.77.xxx.x
unhappy with statement (by Vee [OH]) Posted on: Jan 9, 2018 4:12 PM
Damages are damages and need to be fixed to get the unit rent-ready, I don't send pictures because some 3dollar lawyer will try to take them all apart in front of the judge, let the judge be the one to look and ask about the condition shown. But basically there is nothing to gain except blood pressure, drink more coffee if you want that. --76.188.xxx.xx
unhappy with statement (by Gail K [GA]) Posted on: Jan 9, 2018 4:54 PM
You follow what your particular state requires in terms of providing information regarding return of the security deposit.
If you believe you have honestly kept an accurate amount out of the deposit then feel confident in your assessment.
When these issues come up on the legal forums I am on (i.e, the tenant believes he got "taken" by his former landlord on this matter) the question always becomes "do you have evidence to prove that you left the rental unit in good shape and what the landlord is claiming is not justified?" In other words, did the tenant take pictures of the unit at move out to back up their claims?
Invariable, they don't; their nose is just out of joint because they were expecting to receive more (or all) of their security deposit
unhappy with statement (by Nicole [PA]) Posted on: Jan 9, 2018 5:45 PM
... then you owe an explanation of why that is the case...
disagree. if my state legislators thought I "owed" an explanation, that would have been written into the statutes that dictate security deposit refunds. --72.95.xx.xxx
unhappy with statement (by Moshe [CA]) Posted on: Jan 9, 2018 8:26 PM
Explanation is "owed" according to the standard of behavior of educated man and women of integrity. If you go to court, judge will expect you to have explained whatever needed to be explained prior to court hearing.
unhappy with statement (by RR78 [VA]) Posted on: Jan 9, 2018 9:11 PM
I agree with the others.
Otherwise tenant will just think you did over charge and make them more willing to waste time in court.
Explain it to them like you would to a Judge.
Do you have receipts. Have you offered to at least look at any estimates he wants to provide from a licensed contractor.
By doing this they will often change their own mind once they get some prices. Or at least realize they cant prove you over charged in court.
And you dont have to actually agree if they get lucky and get a low price.
But you know what you have to defend against. --73.177.xxx.xx
unhappy with statement (by plenty [MO]) Posted on: Jan 10, 2018 5:53 AM
I hope he doesn't read your reply of "nirmal"as he got charged for normal wear and tear. Yikes.
I would have text back the letter "k" and nothing else. He can think what he wants. He can feel what he wants. You have all the paperwork and pictures and dud your part. Where are his pictures of how he left the place! adult would have pickup phone and called or responded in waiting via pen and paper. Entitlement, bullies, internet...easy to vent. I bet he didn't expect to receive anything back and so he's mad he didn't get it all. Black and white are the only colors some people see --66.87.xx.xx
unhappy with statement (by Vee [OH]) Posted on: Jan 10, 2018 6:04 AM
Mosche, the itemized list gives the explanation, when you shop at a clothing store the reciept will show a blouse, belt or slacks - never just says -clothes- $89.50 --76.188.xxx.xx
unhappy with statement (by John... [MI]) Posted on: Jan 10, 2018 6:15 AM
In my opinion, this varies greatly based on state law. My state specifically dictates what happens if the tenant disagrees with the amount deducted from the S/D (and it is then on me to take action once I am informed of that).
However, I tried to look up IL law on this and it appears poorly written. Everything I could find in a quick search refers to 765 ILCS 710 -- which very specifically states that it applies only to "residential real property, containing 5 or more units."
Everything else seems to rely on that section.
Hopefully someone else who better knows IL law can comment on what law applies for a property with LESS than 5 units?
unhappy with statement (by Otis [IL]) Posted on: Jan 10, 2018 6:36 AM
As long as you sent the security deposit statement within the correct time frame I would tell the tenant to go kick rocks.
I subtract out of the security deposit what it cost to repair the damages they caused. Nothing more nothing less. Tenants donít realize how fast a security deposit can get eaten up with those costs. --45.18.xxx.xxx
unhappy with statement (by WMH [NC]) Posted on: Jan 10, 2018 7:08 AM
I am preparing a statement right now. Under the actual accounting, showing the charges, I am including a written narrative as to WHY they were charged for those items.
I am also mentioning things we did NOT charge for, but could have: broken door jam that they repaired (but it's still a repair, not unbroken as it was when they moved in.) Missing shower curtain and rings, provided new when they moved in. Cleaning the HVAC filter. Broken blind. Bent screen. These are minor things, except for the door jam, and they were overall good tenants so we are not charging them.
if it went to court, they would have to admit to all of those things as well as the actual line item charges.
We withholding about $500 from a $1250 deposit. I hate to do it, I like to return everything. :( --50.82.xxx.xx
unhappy with statement (by Kyle [IN]) Posted on: Jan 10, 2018 8:27 AM
If my former tenant told me the believed they were overcharged, I would ask them what they believe is incorrect on the damage statement. I have done this before and received no response, they didn't like the total, but couldn't point to any line item they disagreed with.
The law in your area may or may not require you to respond to them, but it can help you keep the tenant from getting more upset because they think you are ignoring them. And, if it ends up in court, I would fell better showing the judge that I responded and explained anything the tenant was confused about rather than ignoring their questions. --73.102.xxx.xx
unhappy with statement (by NC INVESTOR [NC]) Posted on: Jan 10, 2018 9:12 AM
Buying clothes with a receipt listing the cost by item is not equivalent to receiving a list of repairs when the recipient probably has no idea of the cost of materials or labor.
Having a tenant question a deduction is not an unreasonable request...it is their money. I have had tenants question costs even though the explanation and receipts were attached. My explaining it to them was all they really wanted and it ended there.
You have a choice. You can respond to his inquiry or you can choose to stonewall him which will probably irritate him thereby increasing the odds of you going to court over it.
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