Horror Tenant (San Jose: credit, lawyer, income)

[nomorechaos]

Our tenant gave 30 days notice late in the month and demanded his last months rent was paid in full per the security deposit. He was informed this is not the case and he was late with the last months' (prorated) rent.

All his email correspondence has been demanding and condescending.

He threw a fit when we gave 24 hr notice to show the (then vacant) unit (duplex) and we were horrified upon entering. The private courtyard was strewn with cigarette butts, overgrown, the unit smelled of urine and smoke, the carpets (although worn) were stained (pet) and torn. One of 3 bedrooms reeked horribly of urine, windowsill and inside of closet scratched (dogs). The 2 sliding glass doors screens were ripped (destroyed). The once lush backyard was barren, lattice chewed by dogs, debris laden sideyard. The burner trays on the stove (electric) were black, oven was filthy, ceiling fan blades were overflowing with dust. Upon finally receiving the rent he insisted on an initial walkthrough list so he could repair things and not be charged. He set the time and date of final walkthrough and didn't show. He phoned after the set time of walkthrough with an excuse. No keys have been returned. Oh, did I mention they constructed a horrid fireplace (gas insert) mantle? The unit was virtually untouched (not clean) and now he screams that he'd best not be charged for 1)the yard since it was the landlords' duty to tend (not per the lease), verbal permission was given to construct mantle, he will contest all charges if he feels they are above the standard price. The security deposit is not covering what it is taking to bring the place back to what it was when he moved in, I have a plethora of before and after pictures. I guess I'm just wondering if anyone else has experienced this type of lunatic and if there were any surprises when going to small claims court. I'm just afraid there is some hidden civil code that will allow him and his 'verbal promises' (lease states everything in writing) to stand.
Thanks!

[sonarrat]

Knowing as admittedly little as I do about landlord/tenant law, I would be proactive and sue him for damages above and beyond the security deposit as well as back rent. Document everything and get with an attorney.

[Luke9686]

You just learned your first 10 lessons as an investor. Chock it up to a learning experience and take it as a loss. If you sue, you will spend thousands in lawyer fees and court costs, and not get a penny from him. He's a loser with no money. You won't get anything from him...

Next time pre-screen your tenants better. I bet looking back on it there were some signs that this fella was like this.

First off, tenants don't get to make repairs so they don't have to pay. That's not a part of being an investor. You do the walk through, and let him know what HE will be charged with for repairs.

Next, NEVER let tenants install things themselves. You provided them a place to stay, and they signed a lease. If they don't like not having a fireplace, they shouldn't have rented a place without one. Period.

You did the right thing by getting him out of there. Never let a tenant demand anything that is not required by law. If they are late on rent, talk to your attorney about the eviction process and get it started ASAP.

I'm sorry this happened to you. I doubt you will let it happen again. Don't sue. It's a waste, you won't get a damn thing from him... Plus California has laws that favor the tenants, thank the politicians for that.

[whitechocolate86]

What city was this if I may ask...some deadbeat rented a three-bedroom? How is that possible...it seems really hard for people from the south and midwest to get out to California and start a life (because of the escalated cost of living) even though they are good, honest people...this just sounds really wierd that this person was able to get away with this behavior for so long...

[nomorechaos]

Thanks for the reply, their credit check was good, the paid on time in full. Never a problem until he gave notice. You are right, this is the last time this will happen. Next time everything is in writing and there will be a periodic check of the property. We provided a list of his responsibilities on his initial walkthrough (which he insisted on) and didn't do any of them. We were following the Civil Codes for landlord/tenants Landlord/Tenant Book Index - California Department of Consumer Affairs Civil Code Sections 1929, 1941.2. Small claims court does not allow lawyers and I was going to meet with an advisor. I will post the outcome regardless of the route we take. Thank you for your input.

[nomorechaos]

Originally Posted by whitechocolate86

What city was this if I may ask...some deadbeat rented a three-bedroom? How is that possible...it seems really hard for people from the south and midwest to get out to California and start a life (because of the escalated cost of living) even though they are good, honest people...this just sounds really wierd that this person was able to get away with this behavior for so long...

This is in San Jose, not the East side...an optimimum location near the Almaden Valley.

[Luke9686]

I believe there is a $2500 limit to small claims court. It sounds like this is probably over that limit. In my opinion, it's a waste time. Even if the judge rules in your favor, you won't get a dime from the deadbeat. Just my opinion though.

[nomorechaos]

Originally Posted by Luke9686

I believe there is a $2500 limit to small claims court. It sounds like this is probably over that limit. In my opinion, it's a waste time. Even if the judge rules in your favor, you won't get a dime from the deadbeat. Just my opinion though.

Small claims in California limit is $7500. The security deposit of $2500 is being used but will take this route if repairs go beyond the security deposit (of which is already done). I have taken into consideration the fact that we will not see a dime but can ding his credit with a suit.

[aslowdodge]

did you do a walk through with the tenant prior to them moving in? any photos prior to him moving in? Take photos/and video of everything and document it. make sure you document all communications accurately and the times. You should win in small claims but collecting is another story. I would check all his accounts and place of work to see if you can attach them after the judgement.

[nomorechaos]

Thanks for the positives! A well documented walkthrough sheet signed by tenant is in hand, color print out of rental flyer (prior to tenant move-in), initial walkthrough requested by tenant sent with itemized list of all work done and why, copies of all invoices, etc. sent via certified mail and now a small claims workshop where I'm bringing a binder with all my before/after photos and all documentation. I know we may not collect right away but can garnish 25% of net income as we know his place of employment. No attempt by him to clean/pickup remaining possessions, etc. It is so sad that one can not trust another human being to have integrity.

Originally Posted by aslowdodge

did you do a walk through with the tenant prior to them moving in? any photos prior to him moving in? Take photos/and video of everything and document it. make sure you document all communications accurately and the times. You should win in small claims but collecting is another story. I would check all his accounts and place of work to see if you can attach them after the judgement.