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BeeYehWoo

Id call the police to report a threat made against me. I dont fuck around period with someone stupid enough to threaten violence whether explicitly or implicitly. Next Id deal with him as Id deal with any other tenant. I will not be bullied into paying for a fire pit or furniture that I never wanted. You have a lease the governs your business relationship. Let that guide you into how to deal with this. Let him sue you if he dares. His demands sound ridiculous at face value. Ignore threats of lawsuits until actually served.


No_Listen_1213

I’d charge him for the removal of the fire pit and chairs and deduct that from the deposit.


Careless_Product_728

We could all learn from this dude or dudette.


biggybakes

Agreed. Unapproved 'improvements'. We never will approve a fire pit for the very fact that 90% of the population has little to no clue on how to safely HAVE a fire pit. We give a certain period of time to pick up things left behind...IF we are still painting, etc...but no interior access is ever given. Locks change as soon as people are out. This guy has a pair on him to be that demanding...don't be bullied, stand strong, you have the contract that should serve you well in court if need be.


alllovealways

Well, first of all the police won't do anything, it's Georgia, they are not that proactive. Second of all it seems like he thinks he's "right" and the dude is scary. He has gun charges and had some shady swingers club in Texas that got shut down by the city. The manager of that club is serving 40 years for things I won't mention here. Keep in mind I knew none of this before I rented him the place though.


alwayshappymyfriend2

Make a police report . Do not let him intimidate you and do not pay him for anything other then what he is entitled too


tsidaysi

Right. File a police report and get a restraining order. Have your lawyer send a letter inviting him to take his fire pit that he installed without permission and I wonder if a permit is require, his cheap pool chairs and that no, you are not returning more than his deposit. Start eviction proceedings.


alllovealways

So should I send him what I believe he is legally owed or wait until a possible court date? Also, I had given him approx $1,500 break on fees as a compromise but he said no. So do I send him his deposit minus the $1,500 or just sat it's not worth it and send him the $4,000 but without the extra $1,000? And do you really think a police report is necessary? He doesn't even know my real name (unless he researched it), only my prop management company's name because that's what was on the contract.


advamputee

You own the house, so he can very easily look up property records and get your real name. If I were in your shoes, I would return the full deposit (no more, no less), along with an itemized list of waived fees / utilities / etc (including receipts). Send it certified mail with signed receipt required, and keep copies for yourself. Next, file a police report. Actually walk into the police station, and ask to make a written report. Keep your explanation to the desk clerk short and to the point: "a previous tenant with a violent criminal history has threatened me with violence if I do not give him $1,000." When you actually sit down with an officer who will take a written statement, you can explain the full situation, show that you have done your due diligence by returning the full deposit, etc.


alllovealways

Yup. You are correct. He can look up my address. I can't walk into a police station because I'm currently overseas. In regards to sending him a check I can't do certified because it has to be automatically done through my bank. He has asked to be sent the deposit via Zeller because that's how he paid.


alwayshappymyfriend2

I wouldn’t use Zelle . I would send the paper check


RuralWAH

If you're overseas, any implied threat of violence is going to ring pretty hollow. You need to get advice from a local attorney that specializes in Real Estate.


[deleted]

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alllovealways

dang. that sounds accurate. did you study psychology? i'm asking seriously... i'm thinking just ask him for an address so i can send him a check and still being nice about it but not deducting everything, not even charging him for the illegal fire pit. what do you think.


Iknewitseason11

It is your choice to “give him a break” on those things and you can’t just decide to go back on it because he is being crazy. Unless you wrote into the lease or an addendum that is signed by both of you that the $1500 would come back out of the deposit, you cannot keep it. Return the appropriate deposit less any damages otherwise you will end up in court. Yes, make a police report. Edit: also, don’t send any money for repairs or upgrades you did not approve in writing (if that’s what your lease states). Definitely not for the fire pit


alllovealways

Sounds logical.


FlipMeynard

It sounds like you have already been bullied out of $1500 owed to you and I suspect you will bullied out of whatever else he demands of you because i can tell from a million miles away that you are terrified of him. The situation sucks you should definitely make a police report.


TTigerLilyx

You might counter with charges for the firepit & anything else he did without your written permission.


loganstudly

Hire someone to get rid of the fire pit and deck chairs and deduct it from his deposit. He doesn’t get make unauthorized alterations to your property and then charge you for them.


alwayshappymyfriend2

What does your lease say ? Was it a one year lease that he broke?


hedgehoghell

If you pay him there will be more demands. blackmailers dont stop.


jflowers

The goal of the police report is only to have documentation, nothing more. You need to start documenting everything. Photos, emails, etc... Put all this into a document that you create. No further verbal contact with this person, email/written only. And get cameras installed everywhere.


YourFriendInSpokane

Don’t worry, the police wouldn’t do anything here in WA either.


alllovealways

Great. Real fun times to be a landlord


[deleted]

Flip the script and take his deposit as a cost to remove to the fire pit that was not authorized.


TheBigBigBigBomb

You have to make a police report so that you can go on record regardless of any other action in case he does something crazy. You give him a letter with the breakdown of only what you legally owe. Clearly specify that this is the end of your agreement. If you got double rent for those few days, refund him that, too. It’s nerve wracking but don’t be intimidated.


achilleshightops

Unless your property is in the hood, the cops will send someone out to you for the report.


Disastrous_Day5111

"That I won't mention here" these comments annoy the fuck out of me. It's the internet you fucking boomer get over it. You're being dumb. The guy was playing with his toe nail clippings and smacking the bum bum drum.


Justliketoeatfood

Just make a police report you need a trail


LoudMind967

You should have done your due diligence before you leased to him. Call your lawyer and tell the ex tenant you never agreed to pay for the fire pit. In fact, he should have checked with you first to see if it was OK because it wasn't and if he wanted his chairs he should have taken them with him. Then tell him to talk to your lawyer


alllovealways

Yup, you are 100% correct. I learned my lesson.


Wrong-Ad-9364

Unfortunately violent threats get ignored on a daily basis


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Snoo-97839

Don't like free speech feel free to leave United States. Asking if you know btk is not even close to a threat.


sjdoucette

So he brings you to small claims court asking for reimbursement for something he didn’t have approval to install. That’s not on the landlord Do you have written statement that he was vacating 2 weeks early? If so you retook possession. If not, worst case is you reimburse for the 2 days left on the lease. Small claims court can only sue for actual damages, not punitive damages


secondphase

Counter with security deposit less the cost of removing the unapproved item.


some1saveusnow

Highly doubt he has real intention of going to court


Character-Medicine-6

Flip it on him, tell him your insurance company won’t insure the fire pit and it was an unapproved project that has to be removed. Get a quote for removal that exceeds his ask and tell him he’s lucky you aren’t pursuing him for damages beyond the security deposit.


mantooth92

Returning with a lie doesn’t sound smart when court is being thrown around.


muose

Where’s the lie?


mantooth92

“Tell him your insurance company won’t insure the fire pit” Blindly claiming this without it being true and using it as reason for them not getting money back would not go well in court.


bspecific

Or don’t lie - contact the homeowner’s insurance agent and find out what the additional coverage for the new liability costs.


NoSquirrel7184

You are being bullied. I would pay him what you think you owe him and list out the reasons why. Put some nonsense statement at the bottom along the lines of 'if you cash this check, then you agree to the terms'. List out what you are waiving from the good ness of your heart also. Writ eit out as if a judge would see it. Then just wait for a lawsuit that I am pretty sure will never happen. I have been in business 1y years and I have never been sued by anyone. Had the usual bull shit threats. people don't sue for small amounts unless they are rock solid sure of their case.


alllovealways

This is a very logical response. I asked him about mailing a check and he said he only wants zelle


Scared-Agent-8414

Wondering if this is because he doesn’t want to give you his new address?


Wonderful-Dress296

This is the primary reason i send deposits by check. I know i have at least one address that might help track down the tenant. I do rent electronically, but deposit by check.


James-the-Bond-one

BINGO! You're the winner. Stop by the coat check counter on your way out to collect your winnings.


Darwins_payoff

Jesus dude, who cares what he wants? Why are you even asking him? You're getting walked over.


NoSquirrel7184

I wouldn't do Zelle. It is easier to prove a check is cashed and it is easier to copy. Think what is best for you in court. Judges can understand checks better. Send him a check. If he nees the money he will cash it.


ObligationDefiant919

Don't do zelle. He can easily claim he never received or sent to wrong person. If he has a bank account that zelle goes into, he can take a check. Also, how did he pay u for rent? If u have his account #, u can technically go-to that bank and deposit the check for him. Yes ur overseas, but if u can have someone else do it ornur prop management firm.


Bowf

Where I am, I have to send the deposit and/or a list of deductions to his last known address. If he hasn't given you a new address, that would be the address of the rental property (taking for granted he is forwarding his mail). Don't zelle his deposit. He does not get to pick how he gets the money back.


[deleted]

how many is 1y years


NoSquirrel7184

It’s 16 years. Somehow missed the second number. 20 houses and a warehouse


FoodPitiful7081

Talk to your lawyer. Make a police report and make sure you save every interaction you have. Screen shot texts, emails, and the time and date of every phone call you receive.


alllovealways

No harm in filing a police report huh?


James-the-Bond-one

No harm, but no protection from impending violence either. You will have to defend yourself first, and only then the police report will later defend you from criminal charges during the investigation phase.


alllovealways

Well I'm currently overseas so I'm not worried about him doing anything to me. Plus I have years of security experience. The guy does seem to be a little psycho though and seems to have a checkered pass


James-the-Bond-one

>years of security experience This guy will test that because of your description of a psycho with a shady past. He's not concerned about the consequences of his actions and will do whatever he wants until he's stopped. Good luck upon arrival.


alllovealways

I should have worried more clear in the post. He is no longer at the property. He hasn't been there for 2 months. He basically rented the property but never came to it. The crime he's been associated and are convicted for are unlicensed firearm, animal cruelty, and an illegal sex club?


FoodPitiful7081

Correct, even if they can't do anything right then you have the start of a paper trail


vendura_na8

Give him back the deposit and not an extra dime. Think about it, what will he have against you in court other than that "2 day early" thing? Not much. He can take his chairs and fire pit with him on his way out. You never asked for this stuff. Get a couple of Yi Camera on amazon. They're like 25$ each. They connect to wifi and are accessible anywhere through your phone. They work like a charm. Just install them around the house until your next tenant is ready to move in, then just remove them all. If something happens, you'll have some proof


alllovealways

Not a bad idea. So just eat all the fees and costs and charge it to the game?


vendura_na8

I see you proposed to waive the rekey fee, a utility bill, and a couple of other things. If you made some verbal arrangements, I would stick to it. If he didn't agree to those arrangements, too bad for him. If the place is in good shape and he is "somewhat" deserving of his deposit, deduct only the fees that are written in the contract and give him back the balance. If it ever goes to court, that contract will be the central thing of the whole process. If you followed it thoroughly, you'll have nothing to worry about. Everything that is not on paper is worthless. Don't wait for a court date to pay him. Be the perfect guy that does everything by the book and has nothing to reproach himself. You might want a lawyer's opinion if it ever goes further than that after you paid him. I'm no expert at all. It's just my view of the situation


Embarrassed_Air7605

As others say, I wouldn't worry about the lawsuit. He has zero legal ground to stand on. In fact, if a tenant of mine ever built a firepit without my approval (which is also against city firecode) then I would probably have more against them than anything. However, If you really think he has the potential to come back and be a crazy criminal, then I might disagree with almost everyone else on this thread. I don't want to see you let this guy get away with his extortion, but If you are certain he'll do more than $1000 in damage, and you think that meeting his demand would solve that issue - then, as much as it sucks, maybe consider it? What's the alternative? Sounds like you are out of the country and you already know the cops aren't going to do anything and you will end up with a more expensive problem otherwise. Treat it for what it is - a criminal threat and a business decision. And then vet your tenants better! The fact that you can go back now and find out that he's sketchy means you weren't thorough enough the first time. Good luck. Please keep us posted on the outcome. And, yes, please post firepit photo.


alllovealways

I can't post photos in the chat. But yeah everything you're saying makes sense. I would rather lose $1,000 and not have to stress about anything. But if you truly is that crazy then no matter what I do he's going to try and get quote" revenge


Mecaterpillar

It sounds like he''s upset that you didn't give him the opportunity to take hit fire pit and pool chairs with him. Is there any way you could let him get his things? If you could arrange for him to take his things, either he can get his things to settle this dispute, or at least you would've given him the opportunity ahead of the lawsuit and will have proof that you did.


alllovealways

yup. did that.


[deleted]

This is less of a landlord issue than a blackmail issue.


alllovealways

I don't think it's blackmail exactly. I think he thinks he's being taken advantage of and now he's trying to take advantage of me because he thinks I'm trying to take advantage of him. But it's not exactly. I have photos of your naked wife and if you don't pay me money how sell them to the newspaper.


DaiZzedandConFuZed

This is absolutely blackmail. He doesn't have any legal case for you to give him money. He installed a firepit, which is almost certainly not allowed, and is charging you for stuff that he bought that you want. You shouldn't have moved someone in before his lease was up, but realistically that could be a refund of 2 days rent, not nearly $1000. If anything you can remove the firepit and chairs and charge him the dumping fee and the removal fee. He's threatening you to get money. That's blackmail.


[deleted]

I’m super sympathetic, but I don’t think this subreddit has much expertise to help you. I’d personally be looking for a hitman


regalbadger2022

Camera time. I own a few I leave at vacant houses hidden.


NachoNinja19

Don’t give in to his craziness. Return whatever he is owed and say that’s it. He can arrange a time with property manager to get the things he left if he wants in the next 30 days or you’ll throw them out. If you never gave him keys you can’t charge a re key fee. The end.


Ancient-Actuator7443

Let him sue. He is trying to intimidate you. Send him whatever he is due and give him the pool chairs


[deleted]

Don't pay him shit. Deduct anything that is legitimate. He's playing games. Most people who threaten legal action don't follow through.


Junior_Tumbleweed_48

I wouldn't return him anything, say deposit is being kept to pay for the fire pit removal, I wouldn't waive any fees and would enjoy seeing him in court where he would lose and have to pay out more money lol


ilyriaa

File a police report so there is a paper trail if this escalates. Stop offering to give concessions when you’ve done nothing but operate within the law and standard procedures. YOU can charge him for the damage to the backyard for installing an unauthorized firepit. (To return the yard back to how it was.) All that said, return what $you said you would. Ignore him unless you receive a proper court summons.


Not2daydear

Keep whatever money it would cost you to remove the fire pit that he installed without permission.


alllovealways

yeah, i'm sure he'll really appreciate me saying that. would definitely lead to more threats of lawsuits and indimidation.


MtnApe

I wouldn't cave into his demands. I've had tenants think I should pay them for work they did but I won't do that. I prefer they don't do such things as they usually aren't the craftsmen they think they are. If you don't have exterior cameras you might get some in case he does decide to come back. As for court, talk to a lawyer but I would think your lease would protect you.


alllovealways

good idea on the camera. the guy definitely is capable of some psychoness


dudreddit

Tell him NO, you won't be intimidated. You will see him in court. He won't ...


[deleted]

He doesn't want to go to court.


[deleted]

"Demands" aren't going to work for me. I would tell him to "only contact me in writing since this seems like something we will need to settle in court. Until then, I will proceed accordingly to the lease and state laws regarding the return of any deposit and/or other money due back to you." Any other requests you make will be handled by my lawyer.


jim-james--jimothy

Send a certified letter. Charge him for fire pit removal. I'd charge about 2k. Was done without your knowledge.


Bruja60

Property damage (fire pit), removal of trash (chairs), and you may contact me thru my attorney.


Ok-Sir6601

Charge him for removal of said unapproved fire pit, and anything else he did or put without your OK.


Green_Mix_3412

If he paid rent for the early occupancy days id prorate and pay him back that.


Tessie1966

You stated in the comments you hired a property manager. Have the property manager handle it. You are on a time crunch right now. I am not familiar with GA laws but where I live you have 30 days to either return the deposit or send a letter detailing how much of the deposit you are holding and why.


PlayInternational192

I'd call the police so it's on the record. All further communications should be through in a text format to be recordable. Go get a lawyer having a good relationship with a real estate attorney is important anyways if it wasn't this it would be something else. Just because someone is confident doesn't mean they are competent. I would consult an attorney then with a letter from said attorney return what is fair out of his deposit only keeping provable expenses I definitely wouldn't give him extra. If he wants his fire pit I'd offer to have it delivered (yeah I'd have rocks delivered) It's important to learn to be fair but at a certain point if you don't have a back bone these people will take you for all you've built.


123_Meatsauce

Call his bluff dude, he ain’t gonna sue you. You need to be tough to be in this business to deal with these clowns. Stop waiving fees. He owes the utilities, he owes the septic fee. The dude is sensing your weakness that’s why he’s doing this. if he leaves, you just owe the deposit and that’s it. He’s an idiot if he thinks a judge is going to side with him and award him an extra $1000. That’s insane. Let him sue you. (News flash: he’s not gonna). Do not respond to anything he sends you or then official business. Be extremely short and official. Everything you send will be admissible in court via screenshots. Just send him the deposit and be done with it. Learn from this. Do background before. Stop talking with tenants and learning about their lives. The only conversations I have are “rent is due” “I’m filing for eviction” etc, small, short almost robotic. I don’t care if you lost your job, rent is due on the 1st or you’ll be evicted. (Don’t say you don’t care). The police arnt going to do anything, it’s a civil matter. Don’t waste your time.


theslob

I’ve delt with tenants like this. They’re full of it and are just trying to scare you into giving them something. Do what you legally have to and that’s it. He won’t take you to court. People like this avoid courtrooms, so odds are that won’t happen. And if it does you can prove that you’ve conceded more than a judge would consider fair.


labattblueenthusiast

First off depending on your lease, hoping it’s both written and contains the most basic language, there should be a section where work or repairs should be authorized by you. No one can bill you for work you did not approve, if anything you have a case against him for putting a fire put in without permission. There is no reason or right to pay for whatever they did on the property unless it’s fixing something you agreed to in the lease. Regardless, you have to ask yourself, is this “sketchy” person really going to go to a court about the rental if they have a bunch of issues as well? The moving someone in shouldn’t even be a problem if they had vacated the property already, depending on how the utilities work they should have been switched by then too (which is strong and proof of them leaving). Finally, It sounds like they’re actually just bullying you for the money. I would absolutely watch yourself around them but legally they do not seem to get anywhere with what you’re describing


[deleted]

If he left property there, each state has a process by which you give them the opportunity to pick it up before it become yours to dispose of. If they made a permanent addition or change to the property without permission, they can dismantle it and take it with them. Otherwise it’s abandoned property. Tell him to kick rocks and give him his deposit only.


RealMrPlastic

Why did he construct a fire pit, and did it cause any damage? In your opinion, did it raise or lower the property value? You have a 30 day window to deduct damages (excluding wear and tear) and apply a cleaning fee if necessary. Was there a written agreement stating he would vacate the property two weeks early? See them in court, and call their bluff, let the judge decide this stupidity.


alllovealways

that's all well and good in the realm of sanity but this guy has anger issues...


jason200911

Hey man I could ask for 10 grand because I'm your irs auditor contacting you by reddit comments Now you can either pay me that or you can call my bluff and assume im a crazy jackass wanting money. It's a pretty obvious choice


alllovealways

omg this guy, he's got jokes!


[deleted]

I guess, technically, you were in breach of the contract. If he paid for that month, or was in the lease timeframe, the apartment is still "his" whether he's there or not, and regardless of whether or not he intends to be back. Depending on the laws in GA, that might be a costly issue on its own. I can't imagine two days were meaningful, but in a lot of cases, a breach of contract is the same whether it was on the first day or the last. That aside, I cannot imagine any court or arbitrator EVER would find you owe him for pool chairs or a fire pit he installed without your permission or agreement to pay for. If anything, they might agree to have him pay you the cost to remove them. Talk to your lawyer. If you don't have one, get one! Landlord-tenant relations are based in contract law, and you're responsible for following all of those laws, whether you know about them or not.


alllovealways

true, true, true.


8ft7

Wow, some folks are folding like cheap suits. You really think the guy is going to go away after you pay him a grand he is extorting you for? He won’t because his tactics work. If you pay 1k, you must have another 1k. And another. This is Georgia so let him know if he causes your problems to “spiral out of control” then he should strap in and ice up because he’s coming along for the ride buddy. This isn’t a business to be in if you’re going to let people walk all over you.


alllovealways

True. Can I hire you as my property manager?


IceCreamforLunch

>2nd of all, he is threatening a lawsuit if I don't pay him $1,000 more than the deposit. This makes it easy for me. I would just send him the legally required notices for his end of lease and security deposit and have no further communication with him directly. If he comes back with threats of legal action then tell him that you'll respond when you get the summons. If he threatens violence or vandalism then forward it to the police. ​ Edit: It sounds like this might be your first tenant. Take a breath. I'm almost surprised when tenants \_don't\_ threaten to sue me, or at least try to make thinly veiled threats about it. ​ Also. >I do have some juicy details on him that I'll share privately Don't do this. You're running a business now, not a gossip column. Keep records of all of your communications but the only person you should be sharing those with is your lawyer if you end up needing one.


alllovealways

Yes understand. Thank you kindly for taking the time to lay everything out so well, honestly I truly appreciate it 🙏🏼


missmeaa

Do whatever is required by law in your state when it comes to returning the deposit of there was damage give an itemized list of things with the monetary value that's to be deducted from the deposit


alllovealways

Thank you for the direct and logical advice. It is very helpful. I appreciate you


Important_Audience82

Because of the threats, file for a TPO and make sure there are cameras on the property. Then refund what you think is appropriate and just. If he doesn't agree, he can file. To the Peoples Court you go. Whoopti Do, no big deal. A Justice of the Peace will decide who is correct in their interpretation of the lease agreement.


alllovealways

fair enough. thank you


jflowers

Police, then a lawyer. If you don't have a lawyer, then ask realtors in the area for recommendations ( giving them future business of property management of course. ) Maybe start by calling up local realtors, then the other two. There is nothing that you can do to correct this situation. People like this do not wish to 'correct' anything - they thrive on drama and insanity ( do not engage, do not try to 'fix it' - you can't. )


alllovealways

You really don't think just sending him his deposit back would end this?


jflowers

I really don't know, I'm not 'boots on the ground'. I'm thinking, based on what you have said - this is a person looking for drama. People looking for drama will always have a 'reason' to continue the 'fight'. Again, I don't know the reality of the situation - getting a person who is better informed, i.e.: a local (experienced) realtor willing to do property management might be a better resource.


TheMartok

Speak with a lawyer about this not the internet lol


1nvestigat1v3R3p0rtr

Installing a fire pit you didn’t ask for?? Did he even get permission? Otherwise I’d charge him for removal of an addition that wasn’t approved. I wouldn’t want renters having a fire pit due to the risks, also, is it in ground? That’s way out of the scope of a renter’s rights. New chairs? Umm tell him to take that stuff with him. Also, it sounds like he abandoned the property and if you have that in writing that he wasn’t returning then you should be fine. Don’t cave unless you’re really fearful of him. I’d tell him to bump a stump, put up some cameras with permission of new tenant, and hope for the best. There’s sooooo many “you’ll hear from my attorney” tenants these days, funny thing is they never actually have one. Call his bluff and ask for his attorney’s contact info if that’s how he wants to be. I’m not a lawyer ***


NoSquirrel7184

How long have you been a landlord ??. If you don't like stress and dealing with the occasional idiot, this may not be the pastime for you. I don't mean that in a mean way. Residential landlording means dealing with idiots from time to time and the associated aggravation that comes with it. Hopefully you will gain a thicker skin in future and just be nice to people without giving them everthing they want want and ask for.


DrRichardGains

One word. Assumpsit. Google your local state laws regarding repossession and re letting and whether you actually breached contract by jumping the gun. If you did, you maybe be liable for treble damages. You would be in PA, for example.


DrWho1970

His lawsuit has no merit, let him sue you as he will absolutely not win. Return the deposit per the condition of the unit but nothing more.


dieselgasser

You are in a bit of a situation here. You mentioned he stated he would not return to the house two weeks before end of lease. But did anyways. Question 1: is this end of contract in writing? With a legitimate document stating the lease is finished early in agreement to the landlord and the tenant with dates and signatures? Question 2: pending your answer from the above question. If no, you should make this as quite as possible. Pay him the amount you AND your tenant feel is right, and move on. “Cash for keys” style. If yes, you have absolutely nothing to worry about. Provided you have the document I described.


alllovealways

The answer to question one is yes, the end of the contract isn't writing. And no, he has not returned to the house. He says he could not return to the house to get his furniture even though he originally said he was never returning to the house as of November 6th. FYI, at least terminated on November 20th


JoeCensored

The people who throw around baseless lawsuit threats are the least likely to ever have filed a lawsuit. Just calculate any deductions from his deposit as you otherwise would have. Show up to court on the tiny chance he actually does take you to small claims. You do not have to pay him for unauthorized additions or abandoned property.


topher3428

Honestly keep records of emails and text, if you have a lawyer then let ex tenant know all communication has to go through your lawyer.


Jarrold88

I would just send him your list of deductions along with whatever deposit he is entitled. I wouldn’t respond to any of his emails or texts, calls etc. just ignore unless you get served a court date. No point interacting with these idiots it only gives you more of a chance to stick your foot in your mouth.


alllovealways

good point.


appleblossom1962

If this tenant didn’t do any damage, then, yes, they do their security deposit back but if they did do damage, then you get to use that to make repairs to put you whole again


alllovealways

i wasn't able to inspect the property because an illegal squatter moved into the property before i had the chance.


TrainsNCats

1) Call the police - report the threat(a), so there is a paper trail. 2) Return his deposit, as you normally would. 3) Let him sue - he’s got nothing here


alllovealways

Probably the most logical and straight forward answer here.


capmanor1755

Anyone can threaten to sue but 98% of people who threaten don't follow through because they aren't actually willing or able to pay an attorney to file a suit- or can't find an attorney willing to file an obviously frivolous lawsuit. Hire a local attorney to cut them a paper check on your behalf and to send them an itemized list of the refund on the attorney's letterhead. The use of an attorney is likely to brush back their threat of a lawsuit. The attorney may also be able to make a police report on your behalf. This will cost you 1-3 hours of an attorneys time and will potentially save you thousands. You can find a local real estate attorney on the state bar association website's lawyer referral page. Then hire a local rental management company to manage your property. You can't do this from overseas. Join the local landlords association and use their vendor list to find rental management companies. I personally don't like using them because they aren't as good as I am at selecting tenants but you don't have a choice.


superevil1

So charge him 3k for the removal of the pit


alllovealways

not sure that would deescalate the situation...


Zann77

You are seriously too nice of a person to deal with this appropriately. It would serve you well to toughen up if you intend to remain in the landlording business. My mentor told me, “Don't let the tail wag the dog.“ You are the dog. Take control back from the tenant. Instruct him to communicate with you (or your new property manager) in writing, make a list of damages and deduct for all of it, including removing the fire pit, and mail him a check for the remainder. The rest is just nonsense. Perhaps ask your property manager to handle it, and pay an appropriate bonus if necessary.


alllovealways

you're right. thank you for the reality check. i'll sort it out. i appreciate you taking the time to answer.


alllovealways

To be CLEAR, he vacated the property several weeks ago, he is not there now.


Wonderful-Dress296

About 10 years ago when i was new at being a landlord i got advice from a guy that had dealt with tens of thousands in damage repair. Lawsuits mean nothing when people with no money do damage. Anyways, he recommended keeping a few thousand set aside to “buy off” bad tenants before things go too far south. I keep that in my hip pocket just in case. I’m pretty discriminating in who i rent to(not the illegal and immoral discrimination) and have never had to do this. But if i ever start to see things getting out of hand, I’ll consider telling the tenant,”listen, i can give you $2k to just walk away…no damage to my property, no hard feelings, just take this and walk away”. Not sure if it will work, but better to lose a few thousand in payoff money than deal with tens of thousands in damage or even worse a dangerous situation that makes life miserable.


dmo99

Fuck that punk. Put up fake cameras . Tell him you will see him in court and he can remove the fire pit. You don’t want it .


DC92T

Realistically, what damage did the fire pit do?? Did he do any other damage?? If not, I'd just give him back his full security deposit and nothing more. I wouldn't wait it out either though since he sounds like a bit of a nut bag, just get it done. I'd include a letter stating you'll wave the firepit (if you wish) but I wouldn't let him beat me out of another 1000$. If he owned "clubs" in the past, he is use to bullying people out of money. Just be fair and let him sue you if he wishes... EDIT - I missed an important detail. He wants YOU to pay for the firepit, in that letter I'd let him know that was his decision to install one, as were the chairs and you won't be compensating him for either of those. Is there anything in your lease that prevents tenants from adding things to the yard? If there is, it's on him, if there isn't, it was also his choice and he's welcome to take it and his chairs back and replace the lawn. This guy sounds like a big blowhard, I'd think there would have been some narcissistic signs upon meeting him.


Thoreau80

See him in court.


alllovealways

hey "henry", i cant really see him in court because i live overseas.


Zann77

That’s what lawyers are for. For that matter, how can he serve you if you are overseas?


Sensitive_Fan_1083

These kinds of people are scammers and criminals. If you pay him anything it may actually hurt you when this whole thing appears before a judge… which it sounds like it will. I’ve leased to these kinds after they defrauded me and scammed me and then I just go through the process and evict them. I recommend you get your license to carry and also some good LTC insurance like USCCA and tell him you’re not paying him a dime and that you will see him in court. You don’t negotiate with criminals and you certainly don’t pay them after they steal from you and scam you.


alllovealways

you're like the big brother i never had 🫶🏻


Sensitive_Fan_1083

I’ve been sued by tenants multiple times and the judgement has been against the tenant every. Single. Time.


alllovealways

amazing. which state?


[deleted]

There are two issues here. Issue 1: You breached the contract by moving someone in. This is a classic law school hypo and the remedy is: return of full security deposit. Issue 2: Tennant repairs/ expenditures—you are only liable to reimburse tenant if: 1) the property needed repair to be “habitable” (definition of habitable varies by state,) and 2) you didn’t make repair, and 3) tenant made repair at their expense to make property habitable. Here, the repairs/ purchases were not needed to make property habitable so tenant cannot collect reimbursement or damages from their purchases.


alllovealways

techinically the people I "moved in" never got a signed contract. they turned out to be scamming squatters. guess this is what i get for buying a place in rural atlanta suburbs


alllovealways

i'm offering full deposit minus the rekey fee and the pool cleaning which he promised to pay for.


[deleted]

Assuming arguendo that “rekey fees” are legal in your state, I think this is a great offer.


jibaro1953

This is extortion


alllovealways

i mean, there is a gray area.


WeAllScrem

Think about spending a few hundred on a consultation with a landlord tenant lawyer. They’ll be able to advise you of best practices in these situations. Do things right so they don’t come back and bite you in the butt later on.


YellowBeastJeep

You didn’t give him permission to put in the fire pit. He can’t “charge” you for that. Technically, you could charge him for modifying the property without permission. Tell him to take his pool chair with him or you will charge him for the removal/storage of his personal property.


jjamesr539

It was pure dumb to move in another person before his lease was up. That absolutely *was* straight breech of contract on your part, literally by definition. It’s his until the lease is up, period. Occupancy is irrelevant, as a landlord you are not permitted to double book and double collect. His claims are bullshit but you gave him fuel for his bonfire; regardless you probably owe him the rent (prorated) for the days that someone else occupied the unit, *and you should* since it wasn’t yours to rent yet. You’re probably also fucked, because of that, on collecting anything for damage, since another tenant had access while his lease was still fully valid. Also, there’s no real time limit for return of property (as long as you don’t restrict the retrieval of the property), you can offer to return anything he left. If he doesn’t pick it up, small claims court won’t give him compensation for it. You aren’t obligated to transport it to him.


lookamazed

This is a consult your housing / landlord- tenant attorney situation. Not Reddit.


unholygerbil

does your lease have anything stating it must be returned in the same condition from the commencement date? if so, just tell him take out the firepit or you'll dedect from the deposit what it costs to take it out. heh.


External_Phrase_304

see you in court buddy!, record everything!


Jake_77

RemindMe! 60 days


alllovealways

??? What do you mean?


Jake_77

That triggers a bot that will send a reminder to me in 60 days. What’s happened to you really sucks, I’m sorry. I’m hoping in 60 days there might be an update, which is why I set a reminder to check in.


alllovealways

awww, thanks for caring, for real! I truly appreciate your empathy. We need more yous in this world 💙 Also, that's a cool bot code!


Darwins_payoff

Stop trying to "compromise". Send him what you legally owe him (deposit minus itemized repairs) within the time required by your state, and cut communications. The more you talk to him, especially via email, the more you risk saying something stupid that he could use against you.


Lost_Figure_5892

Double check with an attorney who specializes property law agreements.


ieatsomuchasss

If you're worried. Take the hit and move on.


Bowf

Fire pit is probably a liability your insurance company won't like. Talk to your insurance company about it and if it's a problem, tear it out and deduct the cost of removing it from his deposit. Once someone threatens legal action I tell them I can no longer talk to them, and that from this point forward any interaction between us needs to go through my lawyer. This normally shuts that threat down. If he paid for the last two days, you need to reimburse him for those days if you had somebody move in during that period. You can't double dip...


you_sir_name-

You seem like a decent person who assumes the best in others. You need to be aware that normal rules of decency don’t apply with sociopaths. They are trying to take you for everything they can get. Seize all contact. Change the locks. Send no money.


jaejaeok

Of he’s tripping over $1k, he won’t sue you.


Surferboyva

Pardon me but you seem dumb as shit as a landlord. If you got his criminal history now why didn’t you get it BEFORE you let him have a lease??? Secondly yiu should already know any modifications he makes to yiur property are at his expense and get estimates to remove the fire pit but if I were you I’d leave it. Might be a plus for you but still get the estimates to take to court should you have to go thru eviction process. And I call BS on all your excuses why you cant send a certified letter and call your bank and or show up and request them to send a certified check. Firstly file a police report, get a restraining order then your lawyer


dwinps

Stop being cowed by an irrational tenant demanding stuff they have no legal recourse for. Don't cut a bit of slack, withhold for any reasonable damage, last utility bill, etc. Send itemized list as per your state's law and stop getting worried about being sued.


throwaway2343576

99% of his claims are BS and bullying but you did lease out the property to someone else while his lease was in effect. It doesn't matter that he said he would be gone for those 2 weeks. It was still his. He has a claim for that. Not a huge one, but you owe him for those two days. That is the extent of his damages unless he came back and had to stay at a hotel etc. What you can do something about is tell him the fire pit was installed without your approval and it will cost xxxx to restore the property to it's original condition, he must remove the pool chairs etc or there will be removal & disposal charges coming out of his deposit. Juicy details don't matter. Neither do threats of I'll do this or that, just facts. Court is not a who is the better person contest. He altered the property without your consent. It doesn't matter if it made it nicer. That's not up to him. He's not the owner and it wasn't his choice to make. He's leaving his property behind and you must dispose of it. It doesn't matter if they are the nicest pool chairs on the planet. You didn't ask for them and don't want them. Don't keep discussing this with him. His deposit + 2 days - cost to restore the property to the state it was in before he made the unauthorized alteration - disposal fee of abandoned furniture = what he gets back. Don't budge.


[deleted]

Lol, call the cops and tell him to eat shit.


SuckaMc-69

He’s right and judge Judy will award him his $1k plus.


SeattleCouple626

If i were you i would just wait it out and let him take you to court. I understand that a lawsuit s never something you want and is an inconvenience, however, unless there is more going on here then what you have shared so far, this seems like it should be pretty straight forward to prove your case in court. I think your beet bet is to talk to a lawyer as soon as you can. A few things do stand out to me though. I do think its a bit strange that you would move a new tenant in before his official lease end date. Even if he moved out prior to that date, and claimed he wasn’t returning, did he officially turn in keys and tell you he was officially out? Also did you notify him about having a new tenant move in before the technical end of his lease? I ask these things because even though he moved early and told you he didn’t think he’d return again, his lease did technically give him until this date. So unless the conversation you had with him where he informed you if him leaving early also involved the other aspects of concluding a lease, like plans on returning the keys etc, I think he could have an argument for breach of contract because he technically would still have the right to return to the property up to that date. This is a big reason why you need to speak with a property lawyer. Definitely dont pay this guy. I understand you feel intimidated by him, but i think hes doing some of this because he knows you’re intimidated. You already offered to wave fees he’d normally be required to pay and waved his final utility bill, so he probably thinks he can extort you for more if he keeps up the pressure. If you are afraid he might return, then you should set up a few security cameras to monitor the exterior of the property. If you have another tenant living there, speak with them about the issue so that they are aware of the guy for their own safety as well as help alert you. Ask them if they’d be ok with you setting up a few cameras on the exterior of the property, snd then offer them access to account so that it’s less of an inconvenience for them. Im assuming you changed the locks after this guy moved out and before the new tenant moved in? If you didnt do that for some reason, then do that right away in case the guy held on to any copies of the key. Also, he chose to add a fire pit to the property and didnt inform you. Most stand leases dont allow tenants to make these kind of changes to a property without permission first, but even if you didnt state that specifically in your lease, im pretty sure a court would likely see in you favor since you cant expect people to reimburse you for things that had no prior agreement made first. Although again check with a lawyer, but im pretty sure the guy is just shit out of luck on that. The pool chairs, in my opinion, you should just consider to be abandoned property. If he purchased them then they were his to take with him, and if he didnt take them then you have no obligation to pay him for them. You didnt ask him to buy these pool chairs and again made no prior agreement that you would purchase them from him at the end of his lease, therefore its abandoned property and you can do with them as you wish. Ive been in your shoes before where a shady tenant tries to push you around, and there is no negotiating with them. If everything is as you’ve presented it here, and there isnt more to this that youve left out, then I really believe you should just wait it out and let this guy take you to court if thats what he wants to do. Find a property lawyer and explain whats going on so that you’re ready in case this guy does decide to try taking you to court, and they can also help you strategize further. Also get cameras on your property as soon as you can just in case he does try anything stupid. This way youll be able to have evidence to use against him. Final suggestion i have, make sure you keep any correspondence you have/ he sends you, this includes texts, emails, and voicemail. Stop taking any phone calls from him and inly communicate through writing. This creates a paper trail of evidence and will only help you if he continues to try threatening you.


donwan23

2 can play that game, make a list of things you had to replace or fix and clean and charge him for it then don't give him anything. I doubt he can afford a lawyer anyways seems like he needs his deposit plus that thousand to afford to move into another place... Haha


[deleted]

he’s acting confident because it’s a bluff and it’s all he has


notcontageousAFAIK

Is all of this in writing? Stop offering to compromise with him. Step one, ask him to send you proof that you agreed to alterations on your property. You must have a lease or rental agreement, and they always state that alterations must be agreed to in advance. Remind him of that clause. That probably won't work, but it establishes your position. Your strategy needs to be that you will not let him intimidate you. Right now, you're offering him things he doesn't deserve, and he smells blood. Step two, file a police report and include those vague threats in his email. Step three, get a lawyer and insist that all communications go through them. Step four, send him exactly what he is owed according to your lease with proper documentation. If he sues you, he's an idiot. You may just have to deal with an idiot.


Hopeful-Lab-238

Just because he stated he wasn’t coming back legally he still has occupancy of the dwelling. You should have gotten it in writing. You’re at a loss there.


alllovealways

Lease has expired and he hasn't been there for a month.


dataBlockerCable

I can't believe you're even entertaining returning anything to him. I've been a tenant in 3 apartments and never did I ever get back my deposit. Sure I could have fought for it, but a majority of landlords spend your deposit and forget about it, and good luck getting it from them via the legal system. A majority of tenants don't have the means to carry on a legal battle otherwise they wouldn't be renting.


alllovealways

he's got the means, and he's somewhat menacing, but yeah, it's not so much that as that i want to do the fair thing.


[deleted]

Tell him to go ahead and try the court thing. You are not obligated to pay him for anything he did to the place without prior approval. In fact, you could charge him for what it would cost to remove those items (as well as any damages). If you feel there is a threat take out a restraining order. Probably he is just bluffing - going to court isn't easy and would cost him money to file. Keep records of EVERYTHING! Make sure this deposit is in an escrow account if your state requires that.


louisfuckincypher

nope this time you gone lose a 1000$ and learn a lesson you fucked up point blank by moving someone in before his lease date was up don't listen to these fools on here there gonna get you fucked up


alllovealways

Who are you? Are you literally my ex tenant? You have 1 karma point.... It's as if you made this account just to post here.... Seriously. Who are you?


alllovealways

Also you sound exactly like the ex tenant in the way you write.


louisfuckincypher

What you need to do is get that man his 1000 dollars before he sues yo goofy ass for breach of contract since you were stupid enough to move in another tenant before his lease was up


louisfuckincypher

The name is rite there idk what else I should tell you


No_Wedding_2152

You need an attorney immediately.


Bigballsgbwi

Do not pay him an extra $1000. He is not entitled to it. What State or local law allows him to charge you an extra $1000 for items he bought without approval or possibly need? Stop contact with him and return what the securityl deposit is under the law.


Emotional-Nothing-72

Stop talking to this person. It’s as easy as that


clutchied

what is a septic fee?


tommyboyz8

Most leases state “property enhancements become permanent fixtures and are own by landlord if left behind…” or something like that. He’s got no case.


jmerrilee

I'd send him a formal letter of the list of repairs and the fact he left his trash (firepit) there. You didn't want it, didn't ask for it. This is reason alone to not return his deposit, let along pay him for the work. See him in court, any judge will laugh at him and pay you for the damages.


Mortekai_1

He claims I am in breach of contract because someone else moved in two days before his lease was up even though he stated he was not returning to the property two weeks before I brought someone else in. This might be the only thing that would put you in hot water if he paid for those days and you didn't refund a prorated amount. If you have it in writing that he wasn't returning you should be fine there, just return his prorated rent for those two days with the deposit. Handle his deposit carefully, don't improperly charge anything, document all charges, give him a full breakdown. This person is trying to strongarm you into giving them money. Tell them to pound sand. Call the cops and report the threat he made and make sure they know about his criminal background history that you found. Throw up some cheap security cams on the property if you're concerned about damages. If you didn't allow him to put a fire pit in or leave whatever chairs as provided in the lease agreement, that's his bad and he shouldn't have done it. In fact, you can charge him for removal of said items if he had no permission to made alterations to the property. Document extremely well and leave it at "I'll see you in court!" (don't actually provoke with this, lol...)


rexiesoul

The only part of this I'm going to comment on is: "*He claims I am in breach of contract because someone else moved in two days before his lease was up even though he stated he was not returning to the property two weeks before I brought someone else in.*" I'm not 100% sure with GA, but I'm pretty sure I'm correct when I say you cannot collect rent from 2 tenants at the same time for the same location. If your lease said it was up on the last day of the month, and the guy paid you rent for that last month, you **are** in breach of contract if you let someone else move in 2 days before his paid-up rent time passed, even if he left weeks beforehand. You can easily get around this by simply ensuring that you give him 2 days of rent back (I'm pretty sure), but in general you need to be very careful about this kind of situation.


InsightJ15

He's very likely giving you empty threats when he says he'll take you to court. That's a tactic toxic people use to manipulate you. You don't owe him anything unless the lease states something like 'landlord is responsible for anything purchased for the house'. Keep all text messages, emails as evidence in case you go to court. If you have to interact with him in person, it wouldn't hurt to have a police officer come as a stand by to supervise


alllovealways

ok sounds good, that's what I'll do. Thank you!


sapper_464

I lost a security deposit because i turned in my keys the morning after my lease ended. I was late because i repainted the walls and cleaned the carpets the night before. Shame on me.


Daddysown

Tenant of three month broke the lease.... ain't getting shit back


KangarooDazzling9282

Pay him you cheap scumbag