What is the name of your state (only U.S. law)? Hawaii
We had a tenant on a one year lease. The wife called me and informed me they were having marital problems and that the husband had moved away. Before the lease was up, the wife gave a verbal notice that she was moving. One week into her last month, i went by the house and it looked like she was in the process of moving. I heard a loud, grinding noise coming from the inside of the house, and was concerned. I called her and she confirmed that she was in the process of moving, an i asked her to investigate the loud noise.
She called me back and said it was coming form the refrigerator, so I asked her to empty it and unplug it for safety reasons. She told me also that there was a big hole her husband had punched in the bedroom door and a faucet in the bathroom tub that would not turn off. I asked her if she was still residing in the house and she said no. I asked her if I could have a handyman do repairs and a repairman assess the refrigerator, and she said yes. Two weeks later the repairs were done and she complained to me that she was so stressed, was left with this big job of cleaning, had to work and care for an ill child. I left her a note suggesting that a cleaning crew could do the cleaning job easier than just her, and make it easier for her. i told her the cost would have to come out of her security deposit though. Two days later she called me on the phone and agreed that it would be good to get a crew to clean. I asked her if she wanted me to arrange it, and she said yes. Two days later I got three estimates for the cleaning and chose the lowest one. The crew cleaned the house in three days. The tenant had left a large television set in the living room because it was too heavy, but she said she did want it. The cleaners attempted to move the set downstairs out of the way so they could clean. On the way down, the plexiglass protective screen got cracked so I made the cleaners take a deduction in their pay. I discussed the mishap with the tenant, and told her we would get it fixed. The repair place advised that it would be a good idea for her to move the set and then do the repair. She agreed to this arrangement. The last week of her lease, I attempted to contact her via the telephone to arrange a walk through, but she did not return any of my calls. Two days after the lease was up, the tv and other belongings were still on the property; she had not called me; and had not returned the keys to the house. We had to change the locks. Two days after her lease was up, she finally did call me, and I met her at the house that afternoon. We walked through and discussed the cleaning and the repairs; we discussed the tv and she promised to move it. She took the remainder of her belongings that day from the property.
Within the 14 day requirement of the ending of her lease, I prepared an accounting of the move out costs for the house, sent her the accounting, all the receipts, and three checks totally the amount of her remaining security deposit. She never gave me a forwarding address, and I had to get it from her relative who also resides on the property.
A few days after I sent her the accounting, she wrote me a handwritten letter demanding back rent; her entire security deposit; and her tv returned in a repaired condition. I sent her a timeline for our conversations and happenings at the house, and asked her to be reasonable and reconsider her demands. She called me and we talked. She claimed she never gave her permission for the house to get cleaned and she said she would not move the tv until it was repaired. I had given her a credit on her security deposit
for the repair of the tv already, as agreed. We talked further and it seemed we had it worked out. Then I got a call from her mother in law harassing me. I noticed that two of the three checks I sent her had been negotiated on our bank statement, and the third one had not been negotiated. I am not sure if this means she is taking me to small claims court over this, since I have not had any other conversations with her.
My question is, if she negotiated two of the three checks, can she still take me to small claims court over this?
maryWhat is the name of your state (only U.S. law)?
We had a tenant on a one year lease. The wife called me and informed me they were having marital problems and that the husband had moved away. Before the lease was up, the wife gave a verbal notice that she was moving. One week into her last month, i went by the house and it looked like she was in the process of moving. I heard a loud, grinding noise coming from the inside of the house, and was concerned. I called her and she confirmed that she was in the process of moving, an i asked her to investigate the loud noise.
She called me back and said it was coming form the refrigerator, so I asked her to empty it and unplug it for safety reasons. She told me also that there was a big hole her husband had punched in the bedroom door and a faucet in the bathroom tub that would not turn off. I asked her if she was still residing in the house and she said no. I asked her if I could have a handyman do repairs and a repairman assess the refrigerator, and she said yes. Two weeks later the repairs were done and she complained to me that she was so stressed, was left with this big job of cleaning, had to work and care for an ill child. I left her a note suggesting that a cleaning crew could do the cleaning job easier than just her, and make it easier for her. i told her the cost would have to come out of her security deposit though. Two days later she called me on the phone and agreed that it would be good to get a crew to clean. I asked her if she wanted me to arrange it, and she said yes. Two days later I got three estimates for the cleaning and chose the lowest one. The crew cleaned the house in three days. The tenant had left a large television set in the living room because it was too heavy, but she said she did want it. The cleaners attempted to move the set downstairs out of the way so they could clean. On the way down, the plexiglass protective screen got cracked so I made the cleaners take a deduction in their pay. I discussed the mishap with the tenant, and told her we would get it fixed. The repair place advised that it would be a good idea for her to move the set and then do the repair. She agreed to this arrangement. The last week of her lease, I attempted to contact her via the telephone to arrange a walk through, but she did not return any of my calls. Two days after the lease was up, the tv and other belongings were still on the property; she had not called me; and had not returned the keys to the house. We had to change the locks. Two days after her lease was up, she finally did call me, and I met her at the house that afternoon. We walked through and discussed the cleaning and the repairs; we discussed the tv and she promised to move it. She took the remainder of her belongings that day from the property.
Within the 14 day requirement of the ending of her lease, I prepared an accounting of the move out costs for the house, sent her the accounting, all the receipts, and three checks totally the amount of her remaining security deposit. She never gave me a forwarding address, and I had to get it from her relative who also resides on the property.
A few days after I sent her the accounting, she wrote me a handwritten letter demanding back rent; her entire security deposit; and her tv returned in a repaired condition. I sent her a timeline for our conversations and happenings at the house, and asked her to be reasonable and reconsider her demands. She called me and we talked. She claimed she never gave her permission for the house to get cleaned and she said she would not move the tv until it was repaired. I had given her a credit on her security deposit
for the repair of the tv already, as agreed. We talked further and it seemed we had it worked out. Then I got a call from her mother in law harassing me. I noticed that two of the three checks I sent her had been negotiated on our bank statement, and the third one had not been negotiated. I am not sure if this means she is taking me to small claims court over this, since I have not had any other conversations with her.
My question is, if she negotiated two of the three checks, can she still take me to small claims court over this?
maryWhat is the name of your state (only U.S. law)?