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  1. #1
    Join Date
    Oct 2016
    Posts
    2

    Question What Can a Landlord Do if a Tenant Causes Damage After a Security Deposit is Returned

    My question involves landlord-tenant law in the State of: Utah
    I rented a home to a couple for a year. As the end of their lease was coming, the wife (whom I had become friends with) asked for their deposit back early to put down on their next place, promising to leave it "spotless." They had been good tenants so in good faith, I agreed. The day they moved out, she sent me a text saying that a pipe needed to be tightened in the downstairs bathroom after they removed a cloth diaper sprayer they had attached while living there and that my neighbor might come by later to tighten it with a tool he had. I was only in town for a couple days (not living in the home), then left and returned a month later. The pipe had never been repaired and a slow leak had begun, where after a month of going unnoticed caused nearly $4k in damages. They have refused to pay this based for various reasons, including 1) it's not their fault the neighbor didn't show up and because they moved out, they had no way of knowing if he did or not, 2) they tightened it to the condition it was before, and 3) their deposit was returned already. I hired an attorney and they are still not budging. The attorney said not following up with the neighbor is their fault as it was a non-delegable duty. Right now, I am considering taking them to small claims court. My attorney said my evidence (texts from her stating there was a problem and she had made arrangements to fix it; plumber's statement stating what caused the leak, etc.) is solid but the only potential issue would be the fact that the deposit was returned. However, it was returned before they even left (again, I know it was stupid but I was trying to be compassionate) and the lease states a deposit would be returned "if no damage is evident." The damage was not evident immediately when I did the walk-through because the leak was slow and the home was vacant, so I would likely have returned the deposit anyway at that time. My argument is they modified a pipe and knowingly failed to completely restore it or ensure it was properly repaired. As a result, damage occurred. I am curious to hear other opinions on this matter as I am still up in the air about whether or not to take it to small claims.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant's Neglect Caused Damage After Deposit Returned - What Are My Options

    I was a landlord for twenty years with three rental houses.

    I disagree with you and your attorney.

    You were put on notice that there was a problem with the pipe.

    It's your house and your money.

    It was your duty to get your butt over there and make sure the damned thing was fixed.

    That you are an absentee landlord (an ultra high risk endeavor) who is only in town once in a while is your problem, not your tenants.

    Frankly, I don't see you winning in court. Oh, you might get a default judgment if they don't show up but then good luck collecting.

    And, yes, giving the deposit back early was a bonehead amateur move.

    I suggest you sell the place and get out of the landlord business as soon as you can.

    If it seems like I have no sympathy for amateurs, you got that right. It's hard enough having a rental when you know what you are doing. You're just asking for trouble unless you develop a heart of stone toward tenants and are available every day to take care of your property if something happens.

  3. #3
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Tenant's Neglect Caused Damage After Deposit Returned - What Are My Options

    Frankly, I'd take it to Small Claims and represent myself. It can't be that expensive to file a claim in this court and if you lose, you're only out the cost of filing. If you win it's a large judgment you're talking about here.

    Gail

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Tenant's Neglect Caused Damage After Deposit Returned - What Are My Options

    Quote Quoting Jayes
    View Post
    My question involves landlord-tenant law in the State of: Utah
    I rented a home to a couple for a year. As the end of their lease was coming, the wife (whom I had become friends with) asked for their deposit back early to put down on their next place, promising to leave it "spotless." They had been good tenants so in good faith, I agreed. The day they moved out, she sent me a text saying that a pipe needed to be tightened in the downstairs bathroom after they removed a cloth diaper sprayer they had attached while living there and that my neighbor might come by later to tighten it with a tool he had. I was only in town for a couple days (not living in the home), then left and returned a month later. The pipe had never been repaired and a slow leak had begun, where after a month of going unnoticed caused nearly $4k in damages. They have refused to pay this based for various reasons, including 1) it's not their fault the neighbor didn't show up and because they moved out, they had no way of knowing if he did or not, 2) they tightened it to the condition it was before, and 3) their deposit was returned already. I hired an attorney and they are still not budging. The attorney said not following up with the neighbor is their fault as it was a non-delegable duty. Right now, I am considering taking them to small claims court. My attorney said my evidence (texts from her stating there was a problem and she had made arrangements to fix it; plumber's statement stating what caused the leak, etc.) is solid but the only potential issue would be the fact that the deposit was returned. However, it was returned before they even left (again, I know it was stupid but I was trying to be compassionate) and the lease states a deposit would be returned "if no damage is evident." The damage was not evident immediately when I did the walk-through because the leak was slow and the home was vacant, so I would likely have returned the deposit anyway at that time. My argument is they modified a pipe and knowingly failed to completely restore it or ensure it was properly repaired. As a result, damage occurred. I am curious to hear other opinions on this matter as I am still up in the air about whether or not to take it to small claims.
    I would have immediately sent a plumber to the home to check out the situation. I certainly would not have left town without making sure it was resolved. Therefore I agree with adjusterjack that this is your problem.

  5. #5
    Join Date
    Oct 2016
    Posts
    2

    Default Re: Tenant's Neglect Caused Damage After Deposit Returned - What Are My Options

    Based on the law and the lease, it was still their responsibility. That's not the issue. The issue is the deposit. Thanks for the "advice" though.

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Tenant's Neglect Caused Damage After Deposit Returned - What Are My Options

    A bit snappy regarding your comment there, aren't you buddy. You've got an attorney; pay them to answer this question.

    Gail

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant's Neglect Caused Damage After Deposit Returned - What Are My Options

    Quote Quoting Jayes
    View Post
    Based on the law and the lease, it was still their responsibility.
    Keep telling yourself that.

    Quote Quoting Jayes
    View Post
    That's not the issue. The issue is the deposit.
    OK, then sue them and try to convince a judge to award it back to you along with the remaining damages.

    Quote Quoting Jayes
    View Post
    Thanks for the "advice" though.
    You are most welcome.

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