Vacated tenants demanding access to get their own repair estimate on damaged item

[Jessica Young]

We are receiving threats and demands from tenants who recently vacated.

Our tenants, who you know were a total nightmare if you're following my other posts, finally embraced the happy clause and are out half way through their lease.

Luckily they took exceptional physical care. The only damage is glaringly noticeable scratches on a vanity top that was brand new upon their possession 3 months ago. It appears as though someone cleaned it by scouring in a highly-visible spot.

We're retaining the cost of resurfacing it from the deposit. 

Not surprisingly, they're making this into a giant drama.  12 texts and one email later...

They're saying it's their legal right to come next week and see the damage with their own eyes, take their own photos, and get professionals to give cost estimates. 

Question: Am I accurate to think that it's not typical nor their legal right to enter the property now that they vacated? Is it also not their right to demand the timing of repairs? I'd like to get this repaired soon, while the handyman is available.

They're demanding an invoice, article number and value of the vanity. Question: I don't have to share that, as it is my private info, correct? Doing so would be a courtesy, I assume? 

Among several threats, one is to retaliate with a bill for "all the repairs [they] made which [we] as landlords should have done" and we have no idea what those would be, honestly. We sent repair people repeatedly for their many requests, always within a day or two. 

They also keep demanding financial compensation because they believe we misled them into paying too much rent and made them think the condo was nicer than it is (they had two thorough walk-throughs). They've been telling everyone in the condo building that we're bad people without scruples and that we lie, which is literally the opposite of our life approach. I digress. Question: isn't it compensation to allow them to break the lease without holding them to the full duration financially? 

A friend who was a landlord with problematic tenants in the past tells me that if they do fight us legally, in her experience, things are always in favor of the tenants, and she suggests just dropping it and returning their whole deposit. Question: Landlords, is this your experience, too? Should I let them bully me and absorb the cost of this repair? 

If so, that's going to really burn me. My landscape worker husband and I are working our a**&s off to own this investment. I have been a landlord and a tenant many times, and fortunately it never came to this, so I value your opinions — thank you!

[Greg M.]

Don't know where the unit is located, so we can't give 100% accurate advice. 

Once they vacated, they likely have zero right to enter the unit. Pictures and corroboration from a repairman is more than enough to prove damage. Hopefully you have pre-move in pictures also. 

The cost of the item is only an issue if you are replacing the item. Since you are repairing the item, this shouldn't matter unless your repair cost is going to be more than replacement. 

They have zero standing to send you bills for repairs.

Since you're deducting money from their security deposit, their only recourse is to sue you. They know they caused the damage, so it is unlikely they will sue you and even more unlikely they would win. 

I would send one last note to the tenants:

Dear Tenants, 

Regardless of what you think are your legal rights, you are no longer welcome on my property. Consider this a Notice of Trespass. 

I will not be providing you invoices of purchases. 

I will be providing you a copy of the bill for repair. 

Don't bother wasting your time sending me bills for your supposed repairs. I will not entertain them. 

The balance of your security deposit will be returned by X in accordance with the law. If you disagree with any deductions, you are free to ask the courts for review.

Have a blessed day (pronounced go f*** yourself)

And then stop communicating with them.