Help!! Tenant stole property! - Landlord Forum thread 350213

Help!! Tenant stole property! by MLE (PA) on January 18, 2017 @04:02

Two issues,

I rented my house out for a year, and I am planning my itemized deductions from the security deposit. The house included a front loading washer and dryer set, but the washer had a small leak (still fully functional). I have the tenants the option to keep it with the lease, but they'd be responsible for maintaining it, otherwise I would remove them and rent the property with hook-ups only. They chose to use the washer and dryer.

My lease lists a washer and dryer as part of the property, with a specific note that states that landlord will not maintain washer and dryer and tenant must maintain the w and d, make any necessary repairs, and use somethiing to prevent water damage in case of leaking.

Well halfway through the lease they claimed the washer stopped functioning, and they had scrapped it without my knowledge or consent. I have a no alterations statement that they need written consent for any changes to the property. They also claimed the dryer stopped working and that they put it in the garage, but upon their move out, it is no where to be found...

Can I deduct for the depreciated value of these appliances?

Also they stole a piece from a very nice outdoor furniture set and yard maintenance tools that are photographed before they moved in, but not specifically listed in the lease. Can I deduct for these missing items even though they are not listed in the lease? I have multiple witnesses of their existence and photographs of the items.

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Re: Help!! Tenant stole property! by Garry on January 18, 2017 @10:03	[ Reply ]

Yes, you can charge their deposit for the depreciated amount of the appliances, since they are no longer on the premises. And, yes, you can deduct for the missing furniture and tools, since you have pics of them before they moved in. However, you need to change one thing in your lease. Any appliances you provide, you, the LL, must "maintain" them. Most judges will not allow you to "pawn off" your LL responsibilities onto the T. Think of it this way------it's like saying it's your house (which it is) but since they are renting it from you, they must "maintain" the whole house at their expense, no matter what goes wrong with it. If you can prove a T damaged something, thru their negligence, that you provided in the lease, then you can charge them for that repair or replacement of it. But otherwise, whatever a LL provides, they must maintain, at their expense.

Re: Help!! Tenant stole property!