Re: Tenants Vandalized Home & Moved Out - Landlord Forum thread 358797

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

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.

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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 by Phillip on December 6, 2018 @12:00	[ Reply ]

You just documented the main problem. "They never mentioned that they wanted their deposit back at all..." There is no need to request it, you are required to give an accounting of it regardless. It is not your money, it is their money.

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 by Jannie1 on December 4, 2018 @16:13	[ Reply ]

I'm making some assumptions - that you did inspections throughout the years & all the damage was done at the end. I do Know from reading here that CA is very tenant friendly - though it sounded like you followed things up in writing. It sounds like this is going to be one of those unfortunate learning experiences. - Perhaps you can take some of your costs off you taxes owed after you sell the house. You could possibly try to go after them through the court system but - who knows the outcome?