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Updated over 11 years ago on . Most recent reply

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Francilia Herrera
  • Real Estate Investor
  • San Diego , CA
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Tenant abandon my rental and is asking rent refund and moving out expenses reimbursed

Francilia Herrera
  • Real Estate Investor
  • San Diego , CA
Posted

Hi Investors..!

I have a tenant that reported moist in bathroom on July 9, 2013. We hired contractors found that there was an issue with roof and in record time, conducted repairs from July 15 to 20, 2013. Gave tenant refund of 5 days that home was a mess during renovations. She continue complaining about moist and we hired a Home inspector/mold specialist on July 29 2013 and he recommended a mold remediating specialist that will conduct the process in record time from August 12 to August 15. Expert stated that during remediation process tenant can be in the house and he did a test on mold type and also said, home is safe to live in, even with mold.

Tenant requested a copy of Home inspection report and without our authorization showed her attorney who speculated about the nature of mold and the length to remediate the issue. Tenant vacated home on July 8 2013 and is requesting a rent refund for month of August and also that we cover her moving expenses and her attorney fees. Has nay one deal with a case like this? I am hiring legal to help and all contractors will be done with home by August 15 2013.

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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,127
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

I basically agree with @Patricia Franciulli that the tenant is trying to abuse you. Stuff happens and has to be dealt with. Sounds like you're doing that.

But lets go back to that roof. Was this a small problem in an otherwise good roof? Or is the roof old and on the verge of failing. That is, can the tenant and her lawyer argue you have neglected the roof and that's the source of the troubles. If so, I might just let her go and consider giving her some of the August rent back, if that avoids further entanglements. But if the roof is in generally good repair and it sprung a point leak (I ran onto one in my house where it was leaking where the furnace vent goes through the roof), then I don't think you've done anything wrong. She choose to leave and that has consequences.

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