Uncooperative Tenant
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Uncooperative Tenant (by Lori [CA]) Feb 17, 2024 9:18 AM
       Uncooperative Tenant (by MC [PA]) Feb 17, 2024 9:44 AM
       Uncooperative Tenant (by NE [PA]) Feb 17, 2024 9:50 AM
       Uncooperative Tenant (by Oregon Woodsmoke [ID]) Feb 17, 2024 11:32 AM
       Uncooperative Tenant (by Jim in O C [CA]) Feb 17, 2024 11:46 AM
       Uncooperative Tenant (by WMH [NC]) Feb 18, 2024 2:13 PM
       Uncooperative Tenant (by plenty [MO]) Feb 18, 2024 2:47 PM
       Uncooperative Tenant (by zero [IN]) Feb 18, 2024 6:31 PM

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Uncooperative Tenant (by Lori [CA]) Posted on: Feb 17, 2024 9:18 AM

I am in the process of selling a property and a roof leak was discovered on an inspection report. I can get this fixed, however, I need access into one of the back rooms of the rental unit which my tenant is using as storage so I can open up the wall under where the leak occurred to inspect and fix any potential water damage in the wall caused by the roof leak. My tenant says she will pack up her storage items on Sunday, but only if I move and store her belongings at my expense, where she still has access to her stuff. Additionally, she is demanding I return her full security deposit to her on Saturday. (As a FYI, she herself is also in escrow on a property and plans to move out when that closes, but she has not submitted a 30 day notice as of yet.)

Any advise? Thank you! --35.132.xxx.xxx

Uncooperative Tenant (by MC [PA]) Posted on: Feb 17, 2024 9:44 AM

YOU ARE IN CHARGE, NOT THE TENANT. Never ever promise a return on deposit. Never, ever bring a form of payment if you do a walk through. The correct words are "you will have your accounting accounting to state law. Please proved a forwarding address". If you can not say these words, bring someone who can, act dumb and say you forgot your checkbook, etc. So much damage is noted later. Rekey as soon as they are out. SHE is calling the shots. Hasn't given you notice, has YOU waiting for her. She will continue to push you until you stop it. No need to be nasty, just firm. She owes you until she leaves and all her belongings leave your property. Give 24 hour notice and get your roof done. Put it in writing via text or email. If you live close. A big not on the door as well and snap a pix. --73.230.xxx.xx

Uncooperative Tenant (by NE [PA]) Posted on: Feb 17, 2024 9:50 AM

Sometimes itís easier and cheaper to just give buyers a credit to fix things themselves. --24.152.xxx.xx

Uncooperative Tenant (by Oregon Woodsmoke [ID]) Posted on: Feb 17, 2024 11:32 AM

I'm not sure this would work in California with California laws, but the second a tenant said something like that to me, they would get their notice to vacate.

Then we would negotiate and she would get a bit more time for her escrow to close and she would let me in to fix the leak without giving me grief about it. --76.178.xxx.xxx

Uncooperative Tenant (by Jim in O C [CA]) Posted on: Feb 17, 2024 11:46 AM

Time to play hardball. Be as unreasonable as possible. You might bluff her and say, if he or she causes you to lose the sale he or she will be financially responsible.

I did this once, and it worked. --146.70.xxx.xxx

Uncooperative Tenant (by WMH [NC]) Posted on: Feb 18, 2024 2:13 PM

FWIW, if you have the SD in a checking account with a book you carry around with you, you are not handling the SD according to most state laws. Ours have to be in a Trust Account for the duration of the tenancy. It is not to be mingled with LL's funds or used for anything at all until the tenant moves out and returns possession, then we have 30/60 days (depends) to account for and/or return - IF they provide forwarding address.

When tenants ask for their SD at move-out, I tell them I don't have access to THEIR money like that. The BANK will mail a check to their forwarding address after they return possession "according to the laws of NC."

And if they ask for a walk-through, we tell them no need: if they have cleaned the place according to their lease (which contains a move-out cleaning checklist, and a second or third copy is always sent after they give notice) they should have no issues, of course assuming everything is done and of course assuming no damage.

Now all this only works if we are in the house regularly and recently to make sure there is nothing dire to be taken care of - cooperative tenants let us in to do small repairs before they move and we leaves ourselves 24 hours after move-out to do touch-ups or what have you. --173.28.xx.xxx

Uncooperative Tenant (by plenty [MO]) Posted on: Feb 18, 2024 2:47 PM

Landlord is in charge but your in California. Might have to wait until she moves. Hopefully your buyer will also wait. --172.59.xxx.xxx

Uncooperative Tenant (by zero [IN]) Posted on: Feb 18, 2024 6:31 PM

We get 45 days to return the SD and/or the paperwork stating what it was used for.

The only time I take close to 45 days is when the tenant was snippy with me.

Also pretty sure that we don't have to put our SDs in a separate account or a trust account. I am just starting to put the SDs in an off shoot of the regular account labeled as such. Just want to do this simply so I can quickly see what's there.

Also I have been counting SDs as income and I should probably not be doing that, even for a small timer like me. --107.147.xx.xx

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