This is the first difficult tenant I have dealt with and they are threatening a lawsuit. I followed everything that Ohio Tenant laws claim.
This is the email I sent:
I hope you and XXXXX are healthy, safe, and enjoying the new home. Here is the rundown of the financials and the check is going into the mail after this email is sent.
Total deposit was $775 after a walk through and inspection. Below is what was fixed and deducted.
There were a total of 4 blinds replaced, 3 of which were completely missing and 1 that had a few broken blinds in the 2nd bedroom. I understand that we had a mutual agreement to put blinds up in lieu of rent decrease to cover those costs early on in your lease, but it seems as though those blinds didn't stay with the property.
We had to hire a cleaner to clean: the refrigerator (inside, on top of, and underneath), the inside of the oven, shelves in the kitchen cabinets, tile in the shower still had hairs on them, windows, and all of the hardwoods needed mopped.
The shower curtain rod was taken down and is now not functioning, but I am not faulting you guys for this as it just might be a poor product as it came with the house upon purchasing, but was functioning properly upon the lease agreement.
Lastly, you left the box spring and broken futon in the front yard, which I had to hire a company, "Junk King", to come out and remove/dispose of it.
Obviously, we agreed that the Laundry machines would give you a $100 credit.
Junk King: -$205
Blinds installation/Time & Materials: -$88
Cleaners: -$250
Laundry Machines: +$100 credit
Per our conversation over text Saturday, February 22nd the release of the lease was granted for you to move out May 31st, which you paid through the 23rd as monthly rents go from the 24th-23rd of the next month. That prorated rent unpaid for the 24th-31st is $200. $775/31=$25/day.
Again, the check is going to be put in the mailbox this morning, I would expect to see it in a few days.
This was the response:
In reference to your previous email, we have found your assessment to be unsatisfactory because of the following reasons:
1. The blinds on the second floor was already broken and taped when we moved in and the broken pieces gradually fell off during the course of our time there. Additionally, we bought four sets of blinds, 3 of which were installed on the first floor and the fourth is in the basement in the box. The four blinders were reimbursed by you which we appreciate very much however you did not reimburse us for the installation of the three blinds, which is $100.
2. Concerning the cleaning: When we moved in, we found the house somewhat clean, but we still found trash in the basement and a lot of dog fur and debris in the air vents which we had to clean. We found some vomit around the joint of the sink and counter which was unpleasant for us to clean. As you can see, we believe we left your house in better shape than it was before and we communicated to you the things that needed repairing along the way. We made sure your house stayed cleaned when we left.
3. The shower rod was indeed defective, as you surmised, from the beginning. It fell repeatedly (several times a week) but eventually we got it to stick somewhat properly. However, I suggest you have it replaced for the next tenants.
4. The box spring: Since we were not able to set up our normal bed because of the dimensions of the stairwell (which you did not warn us about), we agreed to place it in the garage. When we took it outside during our move, we realized it was damaged by water, dirt, and insects. We decided not to take it with us and offered to the next door neighbors who stated they wanted it. Therefore it no longer belonged to us after we moved. If they put it on the front yard, that is something you will have to discuss with them.
5. We informed you several weeks prior that we would be moving out on the 23rd, which we did. I informed you the day that we moved out and left the keys in the mailbox. Therefore, we should not be charged for rent through the end of the month.
6. One additional issue we would like to bring to your attention is that Gustavo set up a work out area with foam floor mats in the basement which were damaged by the flooding caused by the gutter not being fixed when we initially brought it to your attention. These mats were quite expensive ($40-$50 per piece x 15) and now have a musty odor which we have not been able to remove
Should I be concerned? Also, regarding 6. we live in a valley and this home is 80 years old and has an unfinished basement that does bring in some water when it rains a lot.
I granted an early release when there was a clause that said complete loss of security deposit...I feel like they have nothing to negotiate, but again this this the first time I have been threatened with a lawsuit. They now live in Cleveland and I am in Dayton, any advice would be great. I at least hope you loved reading the drama.
