Re: Tenants Vandalized Home & Moved Out - Landlord Forum thread 358798

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

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.

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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?