Landlord need advise on security deposit (San Jose: hardwood floor, apartment complexes, rent)

[rairudy]

San Jose, California

Our tenant moved out after staying in the house for 17 months. However, they are disputing on the condition of the house claiming that they left the house in clean condition. Here are the facts:

They refused a walk through on the day of their moved out, claiming they already took pictures of the place. We did not know that we had to offer pre-move out inspection.

After looking at the condition of the house and going through the repairs, we reached out to them on the 20th day asking for the address to send the receipts to. They did not respond until late on the 22nd day and in that email they claim that we violated the 21 day limit and therefore should refund their full security deposit or will be taken to court. We sent the documents to them on the 23rd day, right after the post office opened.

Given the extent of the damage, the cost is running at about 4x the security deposit. What are our options? Will we stand the test of the 21 day rule given that we reached out before the deadline? What about the pre-move out inspection?

Note: After we rented to the tenant, we learned the lady's bullying nature. She also constantly picked fights with people in the neighborhood. She is a property manager herself at apartment complexes and using the law to her advantage. She is unreasonable and I don't expect any negotiations to go well with her.

[dburbs1975]

what is the exact nature of the damage that it comes to 4x the security deposit?

[zitsky]

I guess you have to decide if she is bluffing about taking you to court. Is it worth your while. As a landlord myself I would do what you're doing to get compensation for damages.

[Teckeeee]

Based on what you posted I would contact a lawyer or at least paralegal since she knows how to game the system.

Make sure you have proof and documentation. I would do a background check on her through a lawyer or PI and see if she has any assets to sue against or job to garnish wages before you spend the time suing her.

[dburbs1975]

all jump on the sue the tenant bandwagon, but OP has not described the damage.

[zitsky]

Originally Posted by dburbs1975

all jump on the sue the tenant bandwagon, but OP has not described the damage.

It's not about suing the tenant. It's about getting some proactive advice before the tenant (maybe) sues him!! It would be great if he could work this out with the tenant, but that doesn't seem likely. I think talking to a lawyer is a good idea.

[eureka1]

I strongly recommend you hire a property manager for the next few years. They charge 10% of rent collected and it's DEDUCTABLE. They will do a better job that you- or any owner-will do. (I'm a landlord myself.)

[zitsky]

Originally Posted by eureka1

I strongly recommend you hire a property manager for the next few years. They charge 10% of rent collected and it's DEDUCTABLE. They will do a better job that you- or any owner-will do. (I'm a landlord myself.)

I don't agree that management companies always do a better job. In my experience they collected a check but expected me to be too involved in management. I remember being in my first semester of grad school and having my management company call me frequently to ask how I wanted something done. I like to be informed but I'd prefer that the management company take more initiative. That's why I pay them.

I now manage my one property myself, from across the country. Sometimes I take care of a problem, sometimes my very good tenants take care of it and deduct the expense from their rent. I'm perfectly happy operating that way. I'm sure that anyone who has multiple properties can see the usefulness of having a property manager.

[jk88cal]

OP: document everything. Take photos (if you haven't already). You should have photos prior to tenant moved in. Note down timeline of events.

I would keep the deposit, to cover the cost to repair the unit. I would not bother taken legal action against the tenant. It's up to you. If you have time, you can do it yourself in small claims court. If you hire lawyer, you won't make much. And winning does not mean collecting. Depends on tenant's income status, it can be hard to collect.

[rairudy]

Thanks everyone. We prefer to self-manage instead of property managers. Paying 10% to property managers erases the meager margins you get in this high-cost city. Except for this tenant from 'heaven', we have had decent tenants who managed the property well.

Both husband and wife are working. The wife has a big mouth and picked fight with everyone in the neighborhood. They stayed in the house for about 18 months. Damages are listed below:

They caused water damage from the bathroom upstairs and damaged the ceiling downstairs
Painted a bathroom including switch plates in dark blue
Damaged hardwood floor with water spills - it warped and needed replacing
They left the carpet in bad condition, needs full replacing. (Charge will be prorated)
Cut the electrical wire to the garage and broke the door opener
Didn't inform us about leak under kitchen sink. This resulted in mold and had to replace the base cabinets / counter tops
Chipped two bathroom sinks by dropping something sharp on them - had to replace the sinks
Left behind furniture in the community's trash bin that had to be hauled to the city dump separately
They primed some closet doors and left the others as-is, with mismatched doors. All of them need to be painted now.
House needed general painting. (Charge will be prorated)
Cigarette butts all around the house and the garage that had to be cleaned.
Fridge and stove were in disgusting condition with stains all over.
Washers door handle broken and a rope tide to it as a substitute handle.
Broken railing to closet door
Missing patio sliding screen door


If she sues us for deposit back, we have no choice but to counter sue so that we can get at least some money back. Hate to waste time because of these pigs. So much for checking their background and calling former landlords for reference check. All that careful screening mounts to this mess!