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

[Sam Leon]

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]

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.