Tenants wants all her appliances back

Tenants wants all her appliances back by Kristina (CA) on May 21, 2012 @20:53

Hi. I have a lonterm tenant who got an opportunity to move into a large house. She quickly writes me on April 11, asking me to forgive the 11 days in May (allow a 19 day move out) and to give her full deposit since she has left all of her appliances (washer and dryer, dishwasher, wood blinds, and air conditioners). I agree to give her the 11 days but just listen and process the rest. I believe I said "OK" assuming there is no issues, everything is clean and OK. I also asked to see the place and she refuses (yet she shows the future tenant, go figure).

Day of move out she write me this letter detailing all the cleaning she did, again the appliances and "improvements" and how she wants her FULL deposit back. I am OK with that if it were true, but it wasn't true.

I go in...I discover major issues. For one, she cut into the kitchen cabinets (badly) to install a dishwasher and jury rigged a gas line (without my permission) for the laundry. Also, she didn't clean well at all, despite her claiming she did. Built up dirt everywhere...every window sill, window, nothing wiped down, nothing swept. Grime, dust, grossness.

She also totally destroyed a window and failed to tell me about it. She took insulation foam and put it in all the cracks and mechanism of the windows. She then proceeded to cover them all up with layers of cardboard with more foam/glue and other items glued and spraypainted onto the windows (bricks, wood, etc...I know it was very odd). It took a fair amount of labor just to peel away the layers of cardboard to get to the window she destroyed.

I am disgusted she lied to me and didn't tell me about the window, didn't clean as she said she did, and didn't install the gasline properly. It took a lot of time, energy and $$$ to get things right. These were not easy problems to solve. Oh, she destroyed a baseboard.

I deducted from her deposit the cost of a plumber making her installation safe (even though she didn't get permission from me), a new window, cleaning, and primer for all her dark paint.

She is furious I didn't give her "credit" for the refrigerator, the blinds, the kitchen appliances (which are more trouble than they are worth).

I gave her 11 days credit, and didn't charge her the future costs of putting my beautiful cabinets back together to look good again, if that is possible (she carved massive ugly holes in them, I hate them). The chords, pipes, etc in the kitchen are ugly and awful.

She is threatening to sue me because she expected me to forgive her of all the damage because she chose to leave her appliances there (I did not ask or demand them).

Now is demanding them back after the tenants have moved in. I said "too late", it's a "done deal". I can't take back what was rigged in there after they move in!

??? She has caused me so much grief. I didn't want the appliances. I wanted a clean, intact apartment with no problems. I don't want to give her "credit" because she lied to me, bullied me, and I gave her 11 days free, and didn't charge for permanent damage to my cabinets that will cost me in the future. I also spent hours cleaning dealing with her leftover problems. It was stressful and hard.

Does she have a case? I am in CA.

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Re: Tenants wants all her appliances back by Anonymous on May 21, 2012 @21:45	[ Reply ]

Make sure you send her the SD reconciliation letter within your states required timeframe, usually 30 days. To bad so sad about the sppliances. Don't even mention them. Many tenants threaten to go to court over their SD, most don't. The dishwasher and blinds were buyilt in and attached and therefore become part of the property. Three lessons here: 1. You should have inpsected the property frequently and you would not be suprised right now. 2. You should have not made a deal with her over unseen damages versus payment by used appliances. 3. Never agree in advance to any return of any deposit until you have thoroughly inspected the place with her vacated and do this only through the SD letter you send.

Re: Tenants wants all her appliances back

Re: Tenants wants all her appliances back by Cassandra (CA) on May 22, 2012 @09:10	[ Reply ]

yes she does. #1; if someone owes rent (11 or 19 days worth) it doesn't come out of the SD (that's what covers the damages costs) #2; if you don't give her the appliances or monetary compensation she can sue you you should have done a final walk-through and detailed all the damages, before fixing the, and sent this to the previous T query-why did the prior T show the house and not you?

Re: Tenants wants all her appliances back

Re: Tenants wants all her appliances back by NY-LL on May 22, 2012 @11:50	[ Reply ]

The Security Deposit Settlement Statement should be detailed and issued within twenty-one (21) days of move-out, in accordance with California law. The settlement statement should specify standard charges and the charges to repair and replace unauthorized alterations. The landlord is required to produced receipts to confirm repairs in the State of California. The early move-out credit (11 days) should be revoked due to the failure of the tenant to comply with the lease agreement ("damages stated by landlord") and the failure to leave the premises in a good and clean condition. Purchase new appliances for the apartment and advise the former tenant that the appliances left should be picked up within two (2) weeks of notice. (Condition the return of appliances based upon payment for the extensive damages in lieu of legal action.)

Re: Tenants wants all her appliances back

Re: Tenants wants all her appliances back by Merritt (MS) on May 23, 2012 @00:25	[ Reply ]

Kristina, you have complicated things way too much. I used to do that before I learned the following: KISS. Keep It Simple, Stupid. And, no offense, but in this case, I do mean, Stupid. If you let it get complicated, your tenant will ALWAYS pull the wool over you. KEEP IT SIMPLE, EVERY TIME!!!! If I handled this, I would supply all appliances, from the BEGINNING. If a tenant wanted to supply an appliance, my first question would be "WHAT THE F DID U DO WITH THE ONE I SUPPLIED?????" Any damage to the place should be handled as follows: On the day they move out, tell them it will be a few days before you send them their deposit, then get their forwarding address. Then, when you're good and ready, send them JACK SHIT, deducted by what you need to take out for your repairs. PERIOD. OK??? Good luck!!

Re: Tenants wants all her appliances back