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veroflo99

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Posts: 6
Reply with quote  #1 
Hello Everyone,
I just recieved a call from my past Tenant. He is requesting a refund of $1100. He does not agree with the itemization sheet that I provided. Our contract speciafically states he had to give me a 45 day notce he didnt he moved out 9 days prior to the termination of contract. I didnt charge him for it. Since I am here in NY and our house is in California I had my Mother do the inspection. I sent all the documents required for the tenants to help them move out and clean the house accordingly. I also sent a letter giving them the oppurtunity to schedule a pre move out inspection. They didnt request for one. So finally a day before inspection the tenant calls requesting us to reschedule , This is the 3rd reschedule. I explained it had o be on this day. So  out of the 4 tenants 2 were present for final inspection. The house was a mess they neglected to clean the windows, screens, blinds and window tracts. The walls were a mess and they had painted over a professionally painted room. I had got quotes from Maide services but seen that the prices were very high so I had my Mom clean and paint the house. While my mom was cleaning she noticed that there were fces stain, this was not documented on the final inspection paperwork, but we knew we had to have a professional remove these stains. Oh and the backyard, in our contract I agrred wth the tenant that i would not raise there rent as long as they maintained the ackyard in the same condition as our gardner. All they did was mow the lawn, there were broken sprinklers that needed to be replaced nd [plenty of yard work that needed to be done. In the itemization sheet I listed all the charges as well as provided them with hourly rates, invoices and reciepts. Yes I have pictures of everything, before and after move out. Yet he is requesting a full refund and has threatene to take me to court. Even after he cashed the refund check I sent him. Can he even sue after he cashed the check. Can you all please help, what have I not done or what do I need to do?
OHlandlord

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Posts: 3,811
Reply with quote  #2 
You can't require a longer notice than state law states.  CA law says a tenant has to give 30 dyas notice to move out.  If he gave 30 days and was no longer under lease, that is all that was required.

It sounds like you documented all the cleaning charges that were needed, although I don't know if CA law will let you charge to clean window screens and tracks.  Offering the PMI also covers that law.

As for the yardwork, was this a written agreement?  Did it specify exactly what needed done?  Did it tell them to maintain fencelines, weed flowerbeds, trim bushes?  Did it state that they would replace sprinkler heads?  Did they break those sprinkler heads or was their replacement due to normal wear & tear?  Expecting tenants to maintain the sprinkler system may be a little much.  This requires them to do repairs that they may have knowledge of how to do.
rkkeller

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Posts: 764
Reply with quote  #3 
Being they already cashed the returned deposit check, you have nothing to worry about from what I heard. That is considered an accepted settlement or something like that.

Tell him fine lets go to court. Bring your pictures, receipts and get a copy of the canceled check front and back along with the breakdown you sent with it.
veroflo99

Registered:
Posts: 6
Reply with quote  #4 
OH Landlord,
Oh wow I didnt know about the 30 day max notice. The maintenance of the backyard was agreed upon. I didnt raise there rent after a year since they agreed that if I let go of our landscaper they would keep up the landscaping. As for the sprinklers, the tenants had 2 dogs, in the contract we onlt authorized 1, these dogs kept breaking the sprinklers, so they would have to replace them. I dont think they knew how so when we noticed the broken sprinklers I had a professional do this and paid him with the tenants security deposit.  
veroflo99

Registered:
Posts: 6
Reply with quote  #5 
rkkeller,
Thank you for the response. I as well thought if they already cashed the check that it was a mutual agreement of settlement, do you know where I can verify this? I know for a fact they do not have any pictures, they were very messy. I gave them so many breakes when they were late 3 times, that I can't believe they are acting like this. I in no way am trying to make money off them and didnt! All the money went to the people who had to clean, paint the property and restore it back to its original move in condition, minus wear & tear.
OHlandlord

Registered:
Posts: 3,811
Reply with quote  #6 
"Agreed upon" responsibilities need to be put in writing so there is no question of what has to be done by the tenant.  Stating that the tenant has to do yard maintenance means many different things.  To some, it means you need to manicure the place, to others it only means to mow the grass and nothing else.  Were the other yard duties in writing?  Do you have before and after pics of the yard?

You can charge them to fix the sprinler heads if their dogs broke them.  Doesn't matter at this point of they had 1 or 2 dogs.  The time to bring that up would have been when they were still in the property.  Afterward, it doesn't matter.  Their pets broke them, they pay.

Do NOT pay repair people from the deposit while the tenant still resides in the unit.  Bill; the tenant dies with the next rent and payable before rent is accepted.  If not paid, deduct the bill from their rent money, mark it on the receipt that they owe the rent still, and charge late fees.  If not paid by the next month in full, refuse partial rent (since some would pay for last month and some for this month), serve the Pay or Quit, then evict.  Keep the deposit intact until they leave.

Lesson learned here - tenants don't mainatin yards like the owner would.  Hire the landscaper back and build the cost into the rent for the next tenants.
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