dimanche 28 février 2016

Cleaning and Repairs: Tenant Damaged Property - Remedies

My question involves landlord-tenant law in the State of: Connecticut

We are hoping that you guys may have some advice for us here in a situation.

We had a tenant in a 1st floor apartment in a multi-family. (investment - we do not live there)

Until this month, he had been the absolute perfect tenant. Happy, friendly, always paid on the first or even before. Never an issue.
Then February came, and it all stopped. He got an ok to close on a nice, expensive house, and totally changed.
He didn't pay rent, and started sending text messages to my wife of how he didn't give a f**k about his rent, he's so rich it's nothing to him.
We tried to meet up with him multiple times, and he would always cancel at the last minute saying things like he was at the casino, hotels with strippers, bars, and other stuff.

He was set to move at the end of February anyway, so we figured we were probably gonna get shafted.
He finally decided to have a conversation with us about it, and told us we were thieves, trying to take his rent and keep his security. (one month's rent) And that if he paid rent we would just keep his money and never send it. We assured him, that per CT law, he would have a check within 30 days of completed moveout, less any damages, if any.

He said he broke a window, and if there were other damages, he'd pay cash. He said he would pay rent only if we agreed to have a check for the security to him 15 days after moveout, and sign and notarize a form stating such or be subject to a $20 per day penalty.
We obviously did not do it.

Finally, he told us to do the final walkthrough without him. We were shocked at what we found.

The broken window.
A door way with damaged (chewed) wood 3 feet up on both sides.
All of the blinds, which we furnished, were broken.
Broken threshold.
He had let the boiler run dry circulating for days if not longer, no oil, and the pipes had frozen. We had to fill the tank at our own expense and unfreeze the pipes.
He had decided to paint the apartment interior with an exterior spray gun, and there was overspray all over the hardwood floors, throughout the apartment. (which I just had sanded and refinished prior to his move in)
Somehow there was a deep burn 18 inches wide on his bedroom floor, so deep the wood has to be cut and patched to fix.

This was Friday.

He was moving out Saturday, so we made moves to serve him with small claims prior to him moving.
Before this could be done, I get a call from another tenant that someone was breaking in downstairs. I rush there, and obviously called police, to find the front door had been completely bashed in, frame splintered. And 3 females inside. They all claimed to be his "personal assistants" and said they were authorized to be in there.

The police called him, because he was not present, and he claimed he did it himself because he had no keys, we locked him out and he had to get his stuff. He also tried to press charges on us, saying that we turned his heat off and were trying to freeze him out.

Obviously, when the situation was explained, the police understood the issue. However they refuse to press any charges for the break-in. They say he claimed he did it himself, and that a tenant has a right to enter the property any way he sees fit. If there's damage, sue him.

However, there are witnesses, one of which who works with the PD (I am getting a written statement from him tomorrow) that state that he was NOT present. That he was on a cell phone on speaker, telling the girls he didn't care how they got in, just break in.
He does have keys, he texted us afterwards it happened because he was too busy to come let them in.

We had him served last night, and already have to amend the claim with the further damages. I just can't understand how he could authorize someone to break in like that.

All the damages he either claims he was justified, or tried to throw it back at us.

He sent us numerous text messages last night, calling us greedy, saying we were trying to pull one over on him, how he improved the apartment by painting and we should be grateful,not trying to steal his money.

I just don't understand how he could do all this and no charges can be filed.

The inside damage, I can understand. I've been down that road before previously, and won. But can he really just tell someone go to his unit and break their way in, and be in the right?

Someone explain this to me.


Cleaning and Repairs: Tenant Damaged Property - Remedies

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