Pushing Back

So far I have talked primarily about how to accommodate tenants. I am always open for reasonable requests. Sometimes though a tenant can have a very strong point of view even if it is contrary to reason. What do you do then?

Tenants have a lot vested emotionally and financially. They pay a lot especially in Southern California. They have a big security deposit. Plus, it is their home and it is human nature to become possessive of where they live. The only problem is that it belongs to me.

My first rule is always to respect a person’s privacy and then to refer to the lease and the California Codes. A good contract and knowledge of the law can correct most disagreements very quickly. Especially if you have utilized good boundaries and both parties have adhered to the terms of the lease and the law to this point. I am a stickler for this. I do my part and my expectations are the same.

Most conflicts can be resolved quickly. Every once in a while, Small Claims is the only answer. I have had two instances this year where I took a tenant to court who moved out, used the security deposit for last months rent which is not allowed and was planning to leave and stiff me for cleaning and damage. My solution? I served them before they moved out. Otherwise I would never find them.

I do not like going to court at all. Chances are you get a judge pro tem in small claims and they don’t know the law and have limited time on the bench. I have had some good ones but it is a crap shoot. If I do go to court, I go ready to get the job done and I mean leases, photos, citing the law. PREPARED!

Most disagreements can be resolved with just plain diplomacy. Currently, I have a tenant who moved out on the 12th but had a lease effective until the end of the month. The place was a wreck and discussed at length before he left what measures I would be taking to return my bungalow to move in condition. That was fine and fair. I emailed him with a couple of questions after me moved and out of the blue got some very, very long emails about how he had a lease until the end of the month and no on could come in without his expressed permission and he was not going to do this back and forth thing, etc, etc, etc. I did not read the whole email. It was impossibly long and I was frankly surprised that anyone who just moved cross country had that kind of time. He was very emotional and it seemed out of the blue. I could move back in there if I wanted to he threatened. Hmmm, yes, I thought except that you live 3000 miles away.

This is another case of people being passionate and possessive about their homes and their money. Obviously it makes no difference to him whether I am there or not. He had every expectation of paying until the term was up. So what did I do? I clarified with him the parameters of the California Codes and the return of his security deposit. I told him I owed him his refund within 21 days of his move day which started when he returned his key on the 12th. I did not want to nor could I legally delay the return of his money. I also explained that the back and forth thing was called a conversation in which he got the opportunity to express his point of view. His next communication was much more reasonable.

I will call him in the am tomorrow as he requested. I will focus the conversation on the return of the security deposit and hopefully some pleasant small talk. Disaster averted. Hopefully….

 

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