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Updated over 8 years ago, 09/26/2016
Include evidence of damages when refunding part of deposit?
I posted about this before, but am still undecided.
-Tenant made a claim of bed bug infestation first day. Inspection found not even eggs or their poop, let alone bed bugs or other pests.
-Tenant paid rent late first month they have to pay. Took a lot of hounding to get them to pay. Did not pay with fees as instructed and noted in lease.
-Tenant started demanding more pest inspections minutes after I start to enforce rent payment. Also claimed they don't owe fees because they overpaid when they moved in (they did not, I gave them change and their receipt notes the amount paid, I have a copy). I give tenant notice to vacate at the end of the month since they were month to month and I was within the notice period.
-Tenant elects to abandon property claiming bed bug infestation. At about the same time, I go to serve legal notice just in case they don't, to pay utilities or vacate, when I find out they have not paid utilities. They claim they paid utilities via text. I have proof they did not, both bills and a letter from the utility stating they never transferred service.
-Tenant demands walk through inspection together, I decline for my safety. Not legally obligated to in my state. Tenant claims they have been documenting, which I find unusual, as they always tried to deal with me on the phone, I sent all of their calls to voicemail to force all interaction via voicemail and email so that I could document.
-Tenant shows the property to a prospect that was late (I had left) and claimed via email that I told them they could do it. I never said any such thing in writing or otherwise and can prove it, as they were not home at the time the appointment was supposed to occur, so all interaction was via text and email. What reasonable person would let this tenant under the circumstances show to a prospective tenant??? lol
-After they move out I hire another pest inspector and again the inspection turns up nothing. All on video and two receipts stating nothing was found from both inspections.
-Tenant sends me email claiming they took pictures when they moved out (I mentioned I had taken pictures of move in condition so they got the idea from me, I could see the light turn on when I mentioned it) and that they expect their entire deposit back and that I said I would prorate their last months rent. I never said any such thing. I told them I would send them their last months rent pre-payment with their deposit less any fees or damages.
-Tenant left behind a pool (against the lease) a BBQ, dishes, and a yard waste bin filled with trash. All from one months tenancy, oh and they did not pay utilities or even transfer service in their names.
I have all of the emails and texts, as well as pictures of the pool, garbage, a letter from the utility stating that they never opened utilities at the address, etc. Pics are time stamped and have the GPS location in each picture as well.
I want to dissuade them from trying to file suit against me, as it still takes time and hassle to fight, though at this point I've already compiled most of the evidence. Still, I am considering sending the evidence with the itemized breakdown and their refund to try to show them they have no chance.
I just don't know if this is a good idea. It would likely be easier to defend a case if they try to claim all of this nonsense and I beat all of it down with evidence in court showing they lie and scam at every turn. If I send them the evidence and they try to only claim what I didn't send evidence of, then I can't make them look like the scammers they are near as easily in court if it comes to it.
I've heard the argument that they know what they did, no need to include evidence, which makes sense. I've also been told not to include pics just the itemized accounting of what I deducted as required by law. What say ye? So what do you suggest, send evidence or no?