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Security Deposit - Tenant Damage - Landlord Forum thread 354554

Security Deposit - Tenant Damage by Jennifer (CA - California) on October 10, 2017 @14:34

                              
My tenant had a car accident in June 2017, causing damage to my garage and the adjacent neighbor's garage. Auto insurance covered the damage to my garage repair, but it took some time to get three quotes. Accepted one, repairs started (two months after the accident). Repairs were halted because a permit was required. Permit obtained right away, inspector came to review the repairs, and it did not pass the inspection as the adjacent neighbor had damage. The neighbor had not been willing to file an insurance claim as they illegally converted their garage into a living space. Long story short, the condo has been vacant for 4.5 weeks and it still is not on the market (I am selling it). Agent was hired, place is immaculate, but due to the car accident in June, I have not yet been able to list the condo for sale. I had expected the condo would be in escrow by now, and it's not even on the MLS.
The tenant is now asking when she will receive her security deposit back. Because of her car accident, the condo was not returned to me in rent-able or sell-able condition as the garage wall was still open and not fully repaired. Am I on the hook to refund her security deposit?
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Re: Security Deposit - Tenant Damage by Anonymous on October 10, 2017 @18:29 [ Reply ]
if you have the proper owner's insurance you may be able to file a claim with your insurance company for the fact that your rental was damaged by tenant and not marketable. your insurance co may go after tenant's auto or renters insurance carrier f.or recovery
Re: Security Deposit - Tenant Damage by Anonymous on October 10, 2017 @18:29 [ Reply ]
if you have the proper owner's insurance you may be able to file a claim with your insurance company for the fact that your rental was damaged by tenant and not marketable. your insurance co may go after tenant's auto or renters insurance carrier f.or recovery
Re: Security Deposit - Tenant Damage by Anonymous on October 10, 2017 @20:49 [ Reply ]
Uh...insurance covered the repairs to your property. Your tenant has no control over your neighbor's property, insurance company, or what they choose to do with your space.

It sounds like you aren't following your state laws in regard to proper handling of your tenant's security deposit.

Read this very carefully -

*It is not your money.* Let that sink in.

California is very tenant-friendly. Have you settled the security deposit in accordance with California law?
Re: Security Deposit - Tenant Damage by Anonymous on October 11, 2017 @00:21 [ Reply ]
"Am I on the hook to refund her security deposit?"

According to California law, you had twenty one days to settle the security deposit. Now the tenant can sue for two times the security deposit amount. You had no basis to withhold any money for the damage garage due to the insurance covering it.

It appears that the delay in getting the condo back on the market is your fault for not knowing what you are doing. This might turn out to be a very expensive lesson for you.
Re: Security Deposit - Tenant Damage by Paul on October 11, 2017 @06:05 [ Reply ]
Just return the T security deposit ASAP. Don't let these Government type scare tactic worry you.

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