Soured Tenant Saga
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Soured Tenant Saga (by mapleaf18 [NY]) May 21, 2023 8:10 AM
       Soured Tenant Saga (by MC [PA]) May 21, 2023 8:23 AM
       Soured Tenant Saga (by Jason [VA]) May 21, 2023 8:52 AM
       Soured Tenant Saga (by Ken [NY]) May 21, 2023 9:27 AM
       Soured Tenant Saga (by Oregon Woodsmoke [ID]) May 21, 2023 9:30 AM
       Soured Tenant Saga (by mapleaf18 [NY]) May 21, 2023 9:40 AM
       Soured Tenant Saga (by small potatoes [NY]) May 21, 2023 4:37 PM
       Soured Tenant Saga (by Robert,OntarioCanada [ON]) May 21, 2023 4:53 PM
       Soured Tenant Saga (by Vee [OH]) May 21, 2023 7:05 PM
       Soured Tenant Saga (by Mapleaf18 [NY]) May 21, 2023 7:55 PM
       Soured Tenant Saga (by jonny [NY]) May 22, 2023 5:14 PM

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Soured Tenant Saga (by mapleaf18 [NY]) Posted on: May 21, 2023 8:10 AM

Soured tenant that vacated on 4/19/23 (their idea--sent them the happy clause saying I would take them up on their offer and to be vacated on or before 4/30/23) sent me a text last night--no doubt ginned up by her ne'er do well adult daughter.

They are here locally and supposedly moving to NC 7/1.

She's angry because apparently DSS did a clawback on the adult daughter's rent allowance for the place they are staying now (she provided me with a forwarding address of a P.O. Box--they're all doing this now instead of a street address)

They left on 4/19 and apparently rented their new place starting 4/18. DSS paid adult daughter's share to me for the month of April.

I did end up returning their full sec dep just to get rid of them although there was the stale cigarette smoke smell, a hole in the screen where one of the ESA cats must have scratched it and some minor issues.

Well as my father would say "give 'em an inch and they'll take a mile."

She was using voice recognition so the spelling was horrendous but basically said they were good tenants and how dare we "keep" the DSS clawback amount (which was, to my calculations, 13 days of April clawback) And of course laced with some mild profanity.

I never received anything from DSS other than "we are no longer sending rent for this client after 4/30/23" which I expected. Nothing about a 13 day clawback.

DH theorizes that they started renting (wherever they are) on 4/18 and told the adult daughter that they can't pay 13 days of the rent there b/c they already paid for her to be at my place until the happy clause date of 4/30 and now they are angry about it assuming I know about this.

The text went on to say that if I didn't give DSS back the 13 day clawback, they would come after me for interest on their sec dep over the past two years LOL which is next to nothing by the way.

I had written an earlier post about DSS clawback before they and was told it was Hennie Pennie, but until I get an actual notification from DSS, it's on them. I wrote back "I have heard nothing from DSS about this" and then blocked them.

Conclusion: This affirms to me the sense of post-Covid entitlement amongst the tenant population, especially the lower rungs.

Soured Tenant Saga (by MC [PA]) Posted on: May 21, 2023 8:23 AM

I would have kept what I needed to from security for the damage. You know you are going to get scolded for that. I would not have responded. They had it until the end of the month. You didn't make them move early. If you had no one there in thier place, it is yours to keep.

Soured Tenant Saga (by Jason [VA]) Posted on: May 21, 2023 8:52 AM

Ignore and block. Your relationship with them is over. --71.63.xx.xx

Soured Tenant Saga (by Ken [NY]) Posted on: May 21, 2023 9:27 AM

As far as i know there is no interest on security deposit in NY.I would not have responded --74.77.xx.xx

Soured Tenant Saga (by Oregon Woodsmoke [ID]) Posted on: May 21, 2023 9:30 AM

Great news, they are gone. I probably would have offered to give the deposit back, too, just to help motivate them to move.

You probably did this, but for the novices out here, you don't simply "not charge the deposit for damage". You write it all up, with the costs and then send the accounting as "deposit being returned, not being charged at this time"

Even if you are forgiving damage and returning all the deposit, you must send the accounting paperwork within the 30 day window or whatever time frame your local law requires. Put the cost of damages on there even if you are not charging for the damage because that gives you ammunition to defend yourself if they continue to be jerks.

Soured Tenant Saga (by mapleaf18 [NY]) Posted on: May 21, 2023 9:40 AM

Definitely blocked them last night, printed out their nasty text and uploaded it to their file.

Now on to cleaning out my swim spa for the summer season and rolling out the patio bar/umbrella!

Soured Tenant Saga (by small potatoes [NY]) Posted on: May 21, 2023 4:37 PM

Unless you have a multiunit building of 5? or more units you are not required to keep funds in an interest bearing account. If you did/ do you are allowed to take a portion (I don't know amount) for record keeping, but otherwise have to return funds w/ accumulated interst minus the tiny amount you are able to bill.

If I am returning the whole deposit I don't ususally send the accounting letter, but like OWS, if I have something to deduct for I usually have other things I'm not charging for at this time. That way if we wind up in court I look reasonable and IF we are in court I will ask for ALL of the damages.

BTW they left before the end of the month on their own, so you owe them nothing unless you moved in a tenant in April, which you did not. --67.240.xx.xx

Soured Tenant Saga (by Robert,OntarioCanada [ON]) Posted on: May 21, 2023 4:53 PM

A lot of problem tenants are angry as they find they have to pay a much higher rent as vandalism has to be factored into rent. Pet vandalism starts at $3,000 dollars plus where the hardwood, carpet is completely ruined. Often they move out leaving garbage behind where there charges to the dump where some can donated charities.

Soured Tenant Saga (by Vee [OH]) Posted on: May 21, 2023 7:05 PM

I would get the accounting statement out quickly, in the event the court wants verification, you applied any overage to the damages

Soured Tenant Saga (by Mapleaf18 [NY]) Posted on: May 21, 2023 7:55 PM

Vee, not sure what you mean. I returned their entire sec dep. No letter of explanation. I just want to see them in the rear mirror.

Soured Tenant Saga (by jonny [NY]) Posted on: May 22, 2023 5:14 PM

I understand where you were in your head about the SD and just returning the whole thing mapleaf, but unless those things are something that you consider minor and just figure "just go. I can do this without too much of a hassle" I would have probably charged them. However, being that they are being idiots, you probably are better off just dealing with the aftermath of their idiocy at this point.

Just curious... did the Mother pay in full for the month? If not then it doesn't really matter that DSS paid a portion of it... if anything, they owe you more money for the remainder of the month honestly. Like the others stated... you didn't tell them to leave earlier, they chose to. That's on them, not on you.

I'm sure you have already done so but make sure that you take all the pictures and document EVERYTHING in that apartment upon their move-out. You may want to check that you are not required to send a statement (I know you sent their entire deposit back but who knows... maybe there is a law indicating that you do have to send the statement too?). Just check it... If anything, if they do take you to court (which I doubt they will, most don't) they will look pretty stupid in the sense that you returned their full security deposit back.

And as far as DSS goes, they don't expect you to give their money back to anyone, they pay for the entire month or they don't pay at all. Also, if you WERE suppose to give any money back and it was the DSS money - it should be sent back to them, not the tenant. DSS usually only wants it back if they accidentally sent you money and they don't reside there any longer (like if you receive it in May... return it, immediately to DSS - not to the tenant).

Also, I believe you can "keep" up to 1% of the interest for the administration of the account in NYS (if you put it in or needed to put it in an interest bearing account). I'm pretty sure there are no banks that were paying anything above that anyway.

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