Who is responsible for missing outside items INSIDE A FENCED IN BACKYARD?

Question

This is somewhat related to an existing thread but I didn't want to hijack that one.

http://www.biggerpockets.com/forums/52/topics/116077-who-is-responsible-for-missing-outside-items

My situation is a bit different.

Tenant has moved out.  I noticed that two lawn chairs out of four are missing.  The lawn chairs are in the backyard, completely fenced in.

I have photos showing four lawn chairs in good conditions.  Now there are only two.

I asked the tenant what happened, his reply was "Really? There were four?  I never counted..."

My hunch, he broke two of them for whatever reason, and tossed them out thinking may be I wouldn't notice, as having the damaged one there would definitely be noticed.

Could it have been a theft?  Possibly, not likely.  Why would a thief steal two and leave two alone?  Why would a thief not take the much more expensive propane gas stainless steel BBQ unit next to the lawn chairs instead?

My lease did include what's furnished - ceiling fans, microwave, blah blah blah, LAWN FURNITURE, blah blah blah...

but did say 1 table + 4 chairs.

However, I have dated pictures back to the day of move in showing 4 chairs.

Is it expensive?  No, probably $20 a piece.  But it could have been the BBQ unit, then it would be a $200 expense.

So, who's responsible?

Jon Holdman · Answer

I wouldn't leave any personal propety at a rental that wasn't either essential for you area (e.g., a range) or worthless.   If I left lawn chairs in an ordinary rental I'd just tell the tenant "you can have these" and not worry about them.  A vacation rental would be different, but I don't think that's what you have.

Eric Belgau · Answer

The simple answer is:  you are responsible for personal property you leave at a rental unit.

You can pass that responsibility on to a tenant through the wording of your lease.  Whether you can make that transfer of responsibility stick or not depends on how thorough the lease and move-in inspection are.

And guys?  Since it was mentioned, don't leave barbecues for your tenants to use.  Please.  My insurance brain gets cramps just thinking about it.

James Wise · Answer

If you said 4 chairs and one table in your lease tenant is responsible to return to you 4 chairs and one table when they move out.

i would remove them from the property before you get a new tenant. No need to provide them lawn furnature.

Account Closed · Answer

Since the 4 chairs were listed in the lease, I would deduct the cost from the security deposit.

Account Closed · Answer

I had this same thing happen but the tenants took all the patio furniture and refused to give it back. I called the sheriff on them and they said I gave it to them! I was told by the sheriff they couldent do anything about it and for me to take them to small claims.

I deducted the cost of a new set and the other damages they caused from their deposit giving them nothing back and in fact they owed me money. I told them if they would like that part of their deposit back simply return the patio set. I guess they liked it enough to buy me a new set because they kept it.

Bill Gulley · Answer

$20 chairs, they probably did break. Write it off, probably wear and tear on cheap chairs.

The BBQ is probably too heavy to be carried out by one person, mine is.

Tenants are responsible for personal property in their care, custody and control, you need to state what property is to be kept and used by a tenant and it's good to state an agreed value to such property. :)

Tim Hoffman · Answer

Your lease should mention any personal property (lawn furniture, stove, fridge, etc) and who is responsible.  If you left them for them to use "as is" I would say you are out of luck.  If they were there to be used and they were responsible for them (excluding normal wear and tear) then they would be responsible.  Deduct them from the deposit.  If they became rusted and bent during normal wear and use the tenants should have kept them for your inspection.  They did not so they are responsible.  At $20 though it may not be worth the hassle if they make a big deal or want to go to court.

Who is responsible for missing outside items INSIDE A FENCED IN BACKYARD?

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