damages & amount of time allowed for reimbursement : ezLandlordForms

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Lisa S

started a topic over 12 years ago

Tenants just moved out, giving 30 day notice. During rental period (4 years) a number of items were damaged, beyond normal wear & tear. Windows broken, wood burning stove broken, etc. Tenant is being billed for damages, how long is the standard amount of time to wait for payment? If taking to small claims court, I don't want to waste time waiting longer than I have to for payment. Also wondering if I should have my attorney send letter along with bill? any suggestions ?

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Bob R

said over 12 years ago

Hopefully, you gave tenant a written Notice for a pre-inspection to take place 2 weeks before move-out date. If not, you may just want to forget the damages. If tenant was to take the matter to court, there’s a very good chance that you will loss, be required to refund all sec.dpst and pay a fine. Having said the above, send a disbursement of sec.dpst and enter amount due landlord to be paid no later than 7 days (30 days w/o pre-inspection) from receipt of letter. I see no need for a lawyer. If tenant does not respond, let the balance due go and hope they don't take you to court. If they do decide on a court action, you may just want to return their sec.dpst. Per-inspection law is not in your favor. Good luck and keep us updated.---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Lisa S

said over 12 years ago

There was no security deposit. (very naive) The renters were "up-standing" citizins. But, they changed the locks w/o our permission, they were told there would be a walk through, then they disappeared & were unable to be contacted. They were told to leave the keys with a neighbor. They did not. They mailed a key, which was not received until the middle of August. Because of the state the house was left in, and the fact that we could not get in without breaking in, we also lot 3 weeks of rent from new renters. Should I still let it go? By the way, I love that movie.

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Lisa S

said over 12 years ago

Also, the property is in Washington, & there is a very clear distinction between 'normal wear & tear' and 'damage' in WA law.

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Bob R

said over 12 years ago

Guess you have a big decision to make since the rental is out of state. Now you have to weigh the cost of hiring a lawyer, hoping tenant sends the amount due, or chuck it up as part of doing business. I'm not sure if WA requires a pre-inspection. However, CA requires a written, not verbal, notification soon after vacate notice is received or given. You also need a strong contract to cover the cost of your unfortunate experience. This is why I have created my own contract which is 9 pages + Addendums. Over the years every time a tenant bit me in the butt I added a new clause to protect myself financially. Is it full proof - absolutely not. But I usually get to keep the deposit and never lose in court. The bad news is that just because you win in court, it doesn't mean you get paid. So you have to ask "is this hill worth dying over?" I found in most cases the answer is no. Take the loss and move on. ---- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Lisa S

said over 12 years ago

Also, the property is in Washington, & there is a very clear distinction between 'normal wear & tear' and 'damage' in WA law.

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Jonie L

said over 12 years ago

Your a wealth of information Bob R. Thank you for your post.

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Bob R

said over 12 years ago

Thank you Jonie. My pleasure. I wish others would offer their opinion.

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Lisa S

said over 12 years ago

Your advice is very well worth the effort. Please continue. I appreciate the quickness of your answers & the addendum that you advise us to bone up on the laws for the states we are inquiring about. You are very much appreciated. And I know there's a lot more than just a couple of us. I applaud you and your sense of community & your willingness to help.

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Bob R

said over 12 years ago

@ Lisa: your kind words are greatly appreciated. Thank you. FYI - my comment "I wish others would offer their opinion" may not have been written correctly. I was refering for other individuals on this Forum to share their thoughts.