Disgruntled tenant turning hostile

Disgruntled tenant turning hostile

Member since 2021 · 17 posts · 7 votes

My ex tenants are suing me twice the amount of retained security deposit for damages. I had sent them a list of itemized deductions (hardwood floor damages $1600, utilities - water, sewer, trash, and electricity $370, and $95 cleaning fees) and remaining security deposit $3600 check within 15 days. In addition, I also sent a letter describing the damages, & photos of evidence. Yet they mailed me a demand letter that they wanted their entire deposit back. In response to that letter, I sent a certified mail letter describing in detail the nature of repairs, and reasoning for all deductions. I have now received court summons in small claims court for twice the amount of their initial demand!

Then I received a letter from the City notifying me of a home inspection! 

Here are a few questions I have:
1) Why did the tenants NOT acknowledge my certified mail letter with detailed reasoning of deductions? They have filed stating I did not provide any reason for deducting their money!
2) What evidence can these tenants have to prove they didnt cause these damages? or that they dont have to pay for utilities - water, electricity they used, or $95 cleaning fee? I had sent them a certified mail showing a move-in condition checklist signed by them stating no wood floor damages, photos of damages when they moved out, and local floor expert recommendations that this is NOT normal wear and tear. I am trying to understand what makes these tenants think they can get away with this?

It seems to me these tenants are very hostile, and they've demanded they want their twice their entire security deposit back no matter what damages, cleaning or utilities they used when they were staying in my home. They have also become hostile and complained to the City about my home. What do you suggest I tell the judge in 15 min?

I've had many tenants in many properties over several yrs, & no issues

Thanks much!!

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Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
4y

As far as the City inspection goes do not agree to let the inspector in! There is currently no evidence of any unsafe or uninhabitable living condition, and you allowing them entry only gives them an opportunity to find one. So while that may eventually be the way you get that issue to go away I would first work to discuss it with the inspector and question the need for them to inspect. The complainant isn't even residing there any longer, so what benefit would this inspection provide? 

I can almost guarantee that they will provide a local ordinance stating the right to inspect etc, but that doesn't require you to provide entry. If they want to inspect they eventually will need a court order and lacking any actual evidence beyond a former residents complaint they'll drop this. I have a friend who had a similar issue with a neighbor and after about 3-4 months the City dropped the request and closed out the investigation as having no evidence for the claims. 

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  • Property Manager · Bay Area-Greater Sacramento · Member since 2021 · 94 posts · 51 votes
    4y
    Quote from @Misha Gounder:
    Quote from @Kelsey Bailey:

    @Misha Gounder my only concern for what you've charged is potentially taking into consideration when the floors were installed and how many years the tenants were there. One example would be if carpeting has been destroyed by the tenant but the carpeting was already 8 years old. In this case, no allowance is really appropriate as the floor coverings were due for replacement after the tenant moved out anyways. If these floors were already beyond their life span you might be in jeopardy of that charge not being justified. 

    The utility charges are justified as long as you only charged up until the day you received the home back, and cleaning is of course justified if you have clear evidence of how the home looked prior to them moving. Ie. a move-in inspection with photos. 

    I apologize if any of this has already been mentioned in the thread! Feel free to connect if you have more concerns. 

    Hi the floors were new hardwood floors and there were scratches left behind possibly by moving furniture improperly. That’s why multiple flooring guys said it’s not normal wear and tear. I have photos prior of move in and move out


    Misha, but did you take into consideration the length of time the tenants were in place? - Regardless of the condition now, the floors have a life span of let's say 8 years, and the tenants were there for 2 years, you wouldn't charge them for the full replacement. You would have to deduct some based on the fact that you did get two years of use out of them. So that is where you could potentially run into trouble in court. 

  • Member since 2021 · 17 posts · 7 votes
    4y

    Thanks @Kelsey Bailey for the response. When I showed the hardwood floor scratches to 8-10 flooring companies, they said this is NOT normal wear and tear. The hardwood floors last 2-3 times than ordinary carpet etc, and the scratches have to be treated/repaired. I did not replace any floors but got the scratches treated. Hope that clarifies!

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Misha Gounder:

    Thanks @Kelsey Bailey for the response. When I showed the hardwood floor scratches to 8-10 flooring companies, they said this is NOT normal wear and tear. The hardwood floors last 2-3 times than ordinary carpet etc, and the scratches have to be treated/repaired. I did not replace any floors but got the scratches treated. Hope that clarifies!


     Did you have to sand them down?

  • Member since 2021 · 17 posts · 7 votes
    4y
  • Bulawayo, Zimbabwe · Member since 2015 · 1k+ posts · 253 votes
    4y

    Great to learn all options.Seems the tenant just wanted to escape responsibilities

  • Member since 2021 · 17 posts · 7 votes
    4y

    Yes it seems so @Bhekizwe M.! On top of that, they complained to the city for code violation after they moved out! 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Misha Gounder:

    Yes it seems so @Bhekizwe M.! On top of that, they complained to the city for code violation after they moved out! 


     There's A-holes everywhere it seems....

  • Member since 2021 · 17 posts · 7 votes
    4y

    So I called these hostile tenants as a final attempt to settle and close this. Instead they told me because I didnt offer them "pre move out inspection in California" any judge will rule in their favor. I reminded them that I had to follow up with them many times
    for a move out inspection, and they rescheduled it to the last minute. During the inspection, I pointed to hardwood floor scratches and they told me it's normal wear and tear! I ran this with 5 flooring companies, and all of them said their furniture had scratched the hardwood floors while moving out. I have before and after photos from the move-in and move-out inspections.

    Yet them seemed holding on to this point of me violating California civil code 1950.5

    Has anyone had a similar experience?

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Stick to your guns and go through with the court action......

  • Member since 2021 · 17 posts · 7 votes
    4y
  • Investor · WA CA, NV · Member since 2017 · 2 posts · 0 votes
    4y
    Quote from @Bruce Woodruff:
    Quote from @Misha Gounder:

    Yes it seems so @Bhekizwe M.! On top of that, they complained to the city for code violation after they moved out! 


     There's A-holes everywhere it seems....


  • Investor · WA CA, NV · Member since 2017 · 2 posts · 0 votes
    4y
    Quote from @Bruce Woodruff:
    Quote from @Misha Gounder:

    Yes it seems so @Bhekizwe M.! On top of that, they complained to the city for code violation after they moved out! 


     There's A-holes everywhere it seems....

    Did you receive anything complaints in writing from the tenant while they were occupying the rental of any code violations? This may come back to bite you if so. If not, it may be just fluff in there part.?

  • Member since 2021 · 17 posts · 7 votes
    4y

    @Larry Dibble Nope nothing when they were there for 2 years. 

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