Damages rental M/T/M wants Aprils rent back - Landlord Forum thread 351230

Damages rental M/T/M wants Aprils rent back by Anonymous on March 19, 2017 @14:04

Renter causes substantial property damages, unauthorized dogs security deposit does not cover damages looking to vacate by April 1, and expect his April rent back!!! LL please advise

[ Reply ] [ Return to forum ]

Re: Damages rental M/T/M wants Aprils rent back by Garry on March 19, 2017 @16:02	[ Reply ]

You said they want "APRIL'S RENT" back. Did they pay you last months rent at the start of their lease, and are wanting out early before the lease is up ?? If they are breaking the lease, you are not going to stop them. If they contact you in the next 12 days, tell them you will meet with them on April 1 to get the keys back FIRST, and THEN go thru the place with them. Take a witness and a camera with you. If you don't get keys, then they still have possession of the place, so don't go in until you HAVE possession back. Tell them you will mail them a statement within 30 days,(21 days in some states) as to what you have done with their rent and/or their security deposit. If they start to argue with you in any way, simply tell them you must follow your state's LL/T laws, and then walk away. DO NOT get into arguments about the various damages. Just document them, and leave. Take pics of anything they leave behind, BEFORE you do anything with them. Remember, YOU will be in control, ONLY if you remain cool , calm , and collected.

Re: Damages rental M/T/M wants Aprils rent back

Re: Damages rental M/T/M wants Aprils rent back by Anonymous on March 19, 2017 @18:51	[ Reply ]

Unless your state law requires it,,,do NOT to the move out walkthru with the tenant. This is going to b nothing but anger, tension....and possibly much more. Take someone with you, take a camera, etc. But, do not put yourself in the position of being abused by this tenant.

Re: Damages rental M/T/M wants Aprils rent back by Joel on March 20, 2017 @16:06	[ Reply ]

It sounds like less than sufficient notice even on a month to month. If you already were paid April's rent, you are entitled to keep it. If the deposit does not cover damages you may also take the tenant to small claims court to win a judgment for the damages if any. Oh and don't meet with the tenant unless your state requires it. Read about the LPA Security Deposit Settlement Statement at https://www.thelpa.com/lpa/forms/ef-security.html

I'm in CA and this comes up by Anonymous on March 21, 2017 @00:14	[ Reply ]

Be nice. Just be so nice. Get him the papers you require fifty times if he misplaced them. I take my adult children with me to be my extra eyes. My son is 6"5'. He methodically tapes everything. He uses a yard stick to show scale. My daughter and I go over every inch; the first round it to copy the before photos exactly. Then we zoom in for individual damages. At the end of the walk around, we hand them an envelope with all their move out information stapled to a copy of their rental agreement. I've never had a problem if I have backup at the original walkthrough, the rental agreement and again at closing. Take photos before tenants move in and again with them ON move in day.