Tenant left without 21d notice and stole on video, wants deposit

Tenant left without 21d notice and stole on video, wants deposit

Homeowner · CO · Member since 2020 · 6 posts · 1 vote

Fun post #2, the covid train never sleeps. I didn't want to overload a single topic so here's the other part.

Really, this has to do about civil vs criminal and moving forward. Also had some questions regarding moving my property and damaging it in the process. A lot learned about using eviction aggressively when needed.

The facts:

  • Tenant wanted to leave, gives me '30 day' notice, then says they are leaving in 4 days, then moves out.
  • Tenant wanted security deposit before they move out.
  • Tenant has been model up to this point, communicating, handling turnover, cleaning, pays on time, etc.
  • Police were called prior to my arrival by other tenant and they were told to put my property back.
  • I show up on property unannounced and some of my property tenant knows is mine is still moved next to the door with their moving boxes.
  • Tenant says to my face they were going to take my stuff in case I didn't give them their deposit back?!
  • TENANT LOADS SOME OF MY PROPERTY INTO THEIR MOVING VAN IN VIEW OF THE CAMERAS THEY KNOW ARE ON?! (Found out after they left)
  • A few items of mine and other tenant are missing, maybe $250 or so that we know of currently.
  • One tenant asked the other tenants to move my mattress downstairs and the other 2 tenants moved and ripped the seams in multiple places and stored it slumped on it's side (who's at fault here?).
  • I have not confronted them about stealing.

So I have their April rent, they were on month to month since they were going to move out anyway. There's a deposit of lets say $525.

  • Can I deduct mattress damage since they moved it without my permission and it was damaged? Split responsibility? It's basically new and $2,000.
  • It seems I can document missing items and deduct them from the deposit in Colorado? I'm going to mail them a SODA via certified mail.
  • A smoke detector was unplugged and I was not notified, tenant was only one cooking. Is this a safety issue I can charge for? I've replaced and tested the new alarm already.
  • Their old lease doesn't include verbiage about early termination fees or costs, the new one has a $300 lease break fee... but I don't know if they signed it. Lesson learned, will use eSigning remotely and send eviction if I don't get it signed quickly. Am I covered here?
  • Should I pursue any criminal things (deposit should cover lease break and theft amounts... that I can see so far), or just let it go? They are in another state (TX). I don't want retaliation, but I do want others to be aware of what happened if they rent again.

Hope you enjoyed the drama and thanks for any answers or advice you can give!

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      Nathan GesnerBusiness Member
      Moderator
      Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
      6y

      @Todd Williams yes, you can (and should) charge them for the ruined mattress. Yes, you can deduct the missing items from their deposit. No, you can't charge them for unplugging a smoke alarm. Forget the lease termination fee.

      Here's how I see it. They gave 30 days notice and they paid for 30 days of rent, so you didn't lose any rent or suffer damages by their early departure. Apply the deposit towards the missing items, cleaning, and damages. Send them a final statement per law and indicate whether they owe additional or not. Then move on.

      The amount of time it took you to write that email was more than they are worth. Apply the deposit, start marketing the rental, and carry on.

      The DIY Landlord Book4.7247 Reviews
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      • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
        6y

        Yikes, well first off take a deep breath and be thankful they are out...they just solved your biggest potential problem. Imagine this person refusing to leave and not paying rent. I don't know your state laws, here is my uninformed take on your questions:

        yes to the mattress..check on useful life but willful damage like that is obvious. No to the smoke detector safety issue , just replace and deduct cost of hardware usually you can't bill for your time if you do it yourself. No to the lease break fee if they haven't signed a lease that has it. 

      • Theresa HarrisPro Member
        Member since 2019 · 15k+ posts · 11k+ votes
        6y

        I would look up how long you have to return the deposit first.  The fact that they took items belonging to you, yes they should be billed for it.  Itemize those and how much life they have left-so if they took a brand new mattress, it is replacement value; if mattresses last 10 year (I have no idea) and it was 5 years old, then 50% of replacement cost.  I wouldn't worry about the smoke detector-those are inexpensive and from the sounds of it, the damage/stolen items will cost more than the $525 deposit that you have.

        I would also suggest changing the locks.

        Leave emotions out of it and stick to the damage, missing items and provide them with a list and a copy of the video showing them moving them into the van.  You can also remind them that you have a copy of the police report.

      • Nathan GesnerBusiness Member
        Moderator
        Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
        6y

        @Todd Williams yes, you can (and should) charge them for the ruined mattress. Yes, you can deduct the missing items from their deposit. No, you can't charge them for unplugging a smoke alarm. Forget the lease termination fee.

        Here's how I see it. They gave 30 days notice and they paid for 30 days of rent, so you didn't lose any rent or suffer damages by their early departure. Apply the deposit towards the missing items, cleaning, and damages. Send them a final statement per law and indicate whether they owe additional or not. Then move on.

        The amount of time it took you to write that email was more than they are worth. Apply the deposit, start marketing the rental, and carry on.

        The DIY Landlord Book4.7247 Reviews
      • Homeowner · CO · Member since 2020 · 6 posts · 1 vote
        6y

        @Jonathan R McLaughlin - Thank you, it's only 6 months old and looks perfect since I use waterproof protectors on everything I use.

        @Theresa Harris - I wrote in the lease 14 days, but CO is actually a 30 day state. Would I have to abide by the 14 days I had in the lease? Obviously updating my lease (See: Paying for one) extensively after this mess.

        @Nathan Gesner - Writing it out was for my own therapy as well, thank you.

        @Account Closed - Thanks for the laugh!

      • Theresa HarrisPro Member
        Member since 2019 · 15k+ posts · 11k+ votes
        6y

        @Todd Williams  I'd be safe and stick with the lease.  Bigger Pockets has leases available for each state.

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