Re: Recourse for Tenants Damages to Property

Re: Recourse for Tenants Damages to Property by Anonymous (WA) on June 27, 2012 @17:00

This was damage report was done and sent. Tenants refuted this and claimed not responsible and want deposit back. The management claims that tenants can take to court and get 3X the deposit back. The tanants are trying to use scare tactics and harassement tatics, of which are unfounded. If I request money still due by date and file small claims I think I have to be there in state. I'm 3000 miles away that is why Im depending on management, but that seems to be going in wrong direction. I was told owner has to be present to file and go to small claims. That is costly in that I have to fly there file and then wait for court date and fly back. This is what I feel tenants are banking on that I will give up, due to expense. If I go to court and loose, which I have all the documents, I'm out even more all the damage cost, the court cost, the double rent and the expenses to file, fly, etc. What a gimick the tenants have at a homeowners expense. Really....

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Re: Recourse for Tenants Damages to Property by Betty L on June 27, 2012 @17:25	[ Reply ]

You should have aa attorney near the rental that can file on your behalf if need be. First, you should not relie on the management company to know what's best for you. Cnotact an attorney and get some advice for the best action to take. It sounds like the management company does not want to be in court for any reason. If they were doing the job correctly, they would have all the documintation to proceed to court without hestitation to recover damages due the landlord.

Re: Recourse for Tenants Damages to Property by Anonymous on June 27, 2012 @19:16	[ Reply ]

Here's the thing with the 3X the deposit back. They are only awarded that if you don't return the SD without a settlement letter within the time frame set by that state's law. If you sent them an itemized list, they cannot collect more than their SD in court. The penalty is in place to keep LL from keeping the SD and just ignoring a tenant after they leave without an explanation. Hire an attorney to file and/or sign a power of attorney of a relative you trust to be in court

Re: Recourse for Tenants Damages to Property by The Dude (MN) on June 28, 2012 @09:06	[ Reply ]

Eactly right... if he sent an itemized letter stating the damages in a timely manner, the tenants aren't entitled to anything more than their SD back. Why would the "management" company not know this? Seems like the OP is paying an inept and worthless management company that doesn't have his interests in mind. Probably time to move on from these fellas.