Mid term tenant security deposit dispute

[Adrian Moening]

Looking for some opinions on how to proceed with some difficult mid term tenants. Warning TMI and or ranting… I appreciate you guys.

The setup:

We have a second home at a lake which we enjoy when we can. We rent it short term in the summer and mid term fall through spring. This past winter i signed a tenant for three months with options to extend monthly until spring summer. I reference checked , credit checked and spoke with the tenants and allowed them to tour the property.

Relevant info: they were a little difficult with any contractors not allowing entry or requiring specific scheduling beyond my several day notice. Despot the lease stating 24 hours notice except for contractors I didn’t press the issue and worked with them.

At one point a plumber checking a toilet leak identified subfloor damage requiring the bathroom floor to be taken up and repaired. I notified tenant and arrived to do the work. The husband was not there due to temper explained the wife. Upon inquiry as to why she explained that they were unhappy with the cleanliness of the place when they arrived. I explained that she should’ve let me know and I would have had any needed cleaning done but inquired as to what was wrong as it had been professionally cleaned and we have not had any complaints from tenants or short term rental guests. They complained of the oven and crumbs under a heavy sleeper sofa they moved when the moved in some of their furniture.

The conflict:

The husband arrived and could barely formulate words through his temper. He managed to ask me some accusatory questions about the cleanliness of oven and under sofa. I explained I had spoken with his wife and that they should’ve made me aware of any concerns or issues so I could remedy and that I would clean the oven if it pleases him. This wasn’t good enough and his tone and hostility had my adrenaline pumping. I wasn’t sure if I would need to defend myself or call the police. He began to raise his voice and challenge me as to why an oven would be so dirty… I offered that I had used it a few times and that it didn’t smoke but had not deep cleaned it. That either my cleaner had intended to but was concerned about auto clean smoking the house or maybe they had but it didn’t work well, that I wasn’t sure and frankly didn’t want to be yelled at for something I would have gladly fixed And that I was happy to offer them housing but did not appreciate being yelled at in my own home.

I finished up my work, managed to clean the oven and was able to leave while still being cordial and professional.

The end that just won’t end: they asked for several extensions as they were not able to secure housing they liked enough… i allowed the extensions. Upon move out they sent a text late in the evening stating they were done. I thanked them and offered well wishes. My next visit to the property to upgrade flooring in primary bedroom about two weeks later it was raining and I noticed

1. That I still need to clean the gutters this year. They are overflowing and

2. There is a huge kink in the gutter by the garage where it seems a tall vehicle has banged into it. I realize they must have done this and think this is likely the reason they have not inquired about the security deposit. And that the tenant must have smoke in the garage all winter and that it stinks terribly. No smoking was in the lease and I mentioned it as well.

This is where I should have contacted them. I did not. I didn’t want to deal with them and hoped they would go away having damaged the gutter and created smoke odors in garage.

The exact day of 30 days beyond move out who do you think texted asking about deposit.

I offered a reply asking about damage to gutter. Prompt emphatic denial turned into hostile negotiation. I offered that it was understandable to bump into a gutter and that I would even return half of the deposit. It didn’t feel right to return the deposit after property damage. They didn’t except said that I should pay double since not returning in 30 days…

I offered to even return the full deposit and to go separate ways. That they could accept this or I could press for damages and that they could do the same if needed.

Today I received the notice to appear for their filings.

But wait there’s more: in initial screening she mentioned having a dog. I explained for short term guests we don’t allow and that it’s for allergy purposes. I offered if we made an exception there would be a fee for deep cleaning to rectify and pet odors allergens etc. this was agreeable, and was in the lease. In the end part of the hostile dispute to get money from me she claimed I should not have chanrged since hers is a service animal. This refund has been requested as well…

So. They are not working and are on fixed income so I did not want to pursue for damages or even give them a hard time but struggled due to the fact that I felt bullied and lied to. And that there was obvious damage that wasn’t there previously. But now I need to decide to represent myself or to bring representation over a $500 deposit that they’re trying to turn into a $1250 payday. Or to file my own claim against them in addition.

SMH

For anyone who actually read all this thanks.

We have been hosting for several years and have had a great experience. We have one other rental that leases out on a yearly basis and that goes well too. I’m a licensed realtor who found great success in the low interest rate boom and feel very fortunate for the happy clients I helped buy and sell and for the amount of them. In the current environment I’m not actively marketing but still assist the clients I have organically.

In essence I didn’t want to make time for this and take it away from valued family time with our little ones but now I feel if it can’t be avoided then they should owe for damages.