Re: Tenants Vandalized Home & Moved Out - Landlord Forum thread 358794

Re: Tenants Vandalized Home & Moved Out by Phillip on December 3, 2018 @14:16

This is going to come as a real surprise, but given that I have learned a lot, if I was a tenant, there's a chance I could sue you.

Based on what you stated, no notice was given at all in regards to moving out and you have no written notice that they moved out by the end of October. So, for all intended purposes, your "prior" tenant can still claim that they are residents of the unit and anything and everything that you tossed away and cleaned up could be irreplaceable, valuable heirlooms. So, you actually trespassed on a property that they were residing in and stole from them. Additionally, the minute they didn't pay October, a "Pay or Quit" notice should have been sent outlying the requirements of payment, abandonment, and/or agreement to quit (move out). “State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”

Additionally, the landlord was required to notify the tenant, in writing of his/her option to request an initial inspection and of his/her right to be present. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.

Regardless, let's say you accepted their verbal notice to move out and they acknowledge that as well. You are required to return any security deposit (let's assume it's about $4,000, equal to one month's rent) within 21 days of tenant vacancy. Failure to follow the law and provide these notices can result in the former tenant suing for twice the security deposit or $8,000 above and beyond the deposit itself. The bad faith claim or retention by a landlord or the landlord's successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord's successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages.

See more at the state code: https://codes.findlaw.com/ca/civil-code/civ-sect-1950-5.html

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Re: Tenants Vandalized Home & Moved Out by Susie_B on December 3, 2018 @17:34	[ Reply ]

I thought I was clear but let me try it again. On October 19th we were told,over the phone and without any 30 days noticed, that they were already moving out and would be gone by end of October. We also followed with an email confirming what her husband told us and his replied was that they were going to be out by end of October. It doesn't get more clear than that unless I am missing something. Is also on writing, from them that the house was going to be cleaned, and in the same condition they got it, by the time they moved out before November. Between October 19th and Nov 4th we called and wrote them several times and didn’t get a single replied since our last conversation on October 19th when they confirmed what they had told us. Then on November 5th we changed the lock. On November 6th we were told by several neighbors that they saw tenants moved into a home a block away down from ours before end of October. The day we brought in a cleaning crew, November 6th, the husband showed at the home to collect his things and he was told by the cleaning crew that he couldn’t just walked into the house after bailing out, leaving it so dirty and vandalized. He was told that he could get everything back and security deposit after paying the due rent which would had been October and November but they never intended to pay for anything. During all the time living there they had never been late with their payments. Since all was paid by direct deposit we were not on top of it and was never an issue. Then on October 18th a couple checks bounced back from that bank acct and that was the warning. The first day we went to see our home was on Nov. 4th, and found it in a mess and pretty destroyed. His last note to us was on October 19th after we wrote him to make sure home would be left in the same great condition they got it: “Of course I’ll leave it as when we got there. And we will be gone by end of month.” So on top of them owing us two months of rent you are saying that we should give them back their deposit too when they had not pay for two months of rent, left the home in chaos yet we should bend backwards and be at fault for their wrong doing? Good lord! Who wants to be a landlord if that is the way. “Additionally, the landlord was required to notify the tenant, in writing of his/her option to request an initial inspection and of his/her right to be present. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security” This would had been perfectly fine with us but we kept reaching out to them while they never reached out to us. They just moved out quietly and didn't know where until a neighbor told us.

Re: Tenants Vandalized Home & Moved Out by Phillip on December 4, 2018 @07:20	[ Reply ]

The problem isn't that you should give them the deposit back. The problem is that you are required to give them an accounting of the deposit within 21 days. I did not see an indication that you had done so. With that in mind, the tenant would have a claim for three times the deposit in a countersuit. Additionally, I still stand by my original statement in regards to notice. Did they leave you the keys? If not and they still had stuff in the house and you had no further communication that they had completed move out, with items in the house, an argument could be made it wasn't vacated.

Re: Tenants Vandalized Home & Moved Out by Susie_B on December 4, 2018 @14:42	[ Reply ]

They sent us a message saying that they would be moved out by end of October and they did a few houses down our home. Is all on writing which I mentioned before. Since October 19th we sent them a few emails, left several msgs on their phones and nada. Rent was never paid on October and since we never got the proper noticed of them moving out until October 19th, by law they also responsible for November's rent. And the reason we were told that they were moving out is when my brother phoned them on October 19th otherwise you can guess the rest but in a court of law it doesn't look good for them. They also ruined our home and was noticed by two different real estate people and that includes a few of their friends who came to check the home and told the cleaning and working crew that they couldn't believe how the house was left. Is costing us around 40K to fix it all. What else can an owner possible do? And yes they gave us me the key. Tenants never mentioned that they wanted their deposit back at all, which we would had done so, but clearly shows that they never wanted it back since they "used" it as payment for the month of October which is not what the law says. Yet you are putting all of this on us? Anybody else agree with Phillip on this?

Re: Tenants Vandalized Home & Moved Out

Re: Tenants Vandalized Home & Moved Out by Susie_B on December 4, 2018 @14:45	[ Reply ]

BTW Phillip I appreciate you trying to help but I just don't understand your reasoning at all. When tenants created this terrible, and expensive, mess for us.

Re: Tenants Vandalized Home & Moved Out