Dilemma- damage to roll-up door

[kaitew4]

Hey to all- I have a new dilemma to deal with.... any thoughts on how to best with this would be most greatly appreciated!

We have a tenant that owns a carpet cleaning business- he parks his van inside the unit and when he takes that out he puts his personal vehicle inside it. He was in one particular unit for a couple of years without incident, then switched to a different one for about a month and 1/2 and back to the original unit. Last year around the end of November I noticed that there was no lock on the unit he was renting. My first thought was that he moved out without informing us... I went over to check it out and had the hardest time just getting the door to roll up just a little bit. I did manage to roll the door up about 3 or 4 feet and his car was still inside the unit. I looked on the inside of the door and could tell that it had been hit from the inside. It was even more difficult to close. Finally, I managed to close it all the way and promptly went back to the office and called the tenant irt his unit (door). I let him know that it needs to be secured and I also queried him about said damage to the door. He told me that it was like that when he moved back into it, which I know for a fact that is not true because I personally cleaned that unit and if there had been any type of damage to the door, latch etc... I would've reported it to the manager and we would've had it fixed asap. We got an estimate to fix the door and let the tenant know that he will be responsible for the cost of repairs to the unit door but he said he refuses to do so and moved out at the end of the month of January. We do have a collections department (we are a property management company) but I'd like to get some feedback before we take that step- thanks!

[MusicCity Gal]

Re: Dilemma- damage to roll-up door

Let him go. You will never see your money and technically have no proof. Fix the door and move on. I can tell you are stressed about this because you know you are right, which I believe you as well, but sometimes the battle is not worth fighting. It would not be cost effective to take this any further.

[Willar]

Re: Dilemma- damage to roll-up door

Sometimes we just let it go when we know we don't have legal proof they did it and we'll be unsuccessful collecting for the repairs. Don't waste more time and money trying to pursue it, you'll just cost yourself more money.

This situation is a good argument for security deposits. If you had a deposit you could keep it and at least have some compensation. We require deposits on larger units but not small ones, mostly because anything a vehicle pulls in/out of has a good chance for damage.

[kaitew4]

Re: Dilemma- damage to roll-up door

AS far as knowing if they did the damage.... he is the only tenant who had that particular unit and upon moving out for a month and 1/2 and moving back in, the door didn't have any issues- I know this personally! I did look in the notes and I came upon an entry back in June that came to mind... the tenant broke his key off in the lock and needed it removed- one of the local professionals came by and removed the lock and after the fact the tenant rolled up the door without any issue whatsoever. So, like I said, I know for a fact that the door was damaged by the tenant sometime in November when I first noticed the lock off of the unit door.

[Willar]

Re: Dilemma- damage to roll-up door

If you don't have video of him damaging it you'll have a very rough time proving it in court. You could try it in small claims court where you are not required to hire a lawyer, but without video or photo evidence it's hard to get a judge to award damages. If you are a corporation you'll be forced to hire an attorney at $100-250(?) per hour.

Option 2: Send him the full bill for a new door and then call a few days later and agree to take 1/2 if he pays cash right now. Otherwise you'll file in court.

[kaitew4]

Re: Dilemma- damage to roll-up door

Well, the area manager is thinking of either giving him the option to pay for the total damages to the door or send him to collections- can we simply take that route?

[Willar]

Re: Dilemma- damage to roll-up door

Yes, sending to a collections service may work. He'd have to settle with you or it will be on his credit report as a negative item.

[Guest]

Re: Dilemma- damage to roll-up door

Once it goes to collections they pay for the contract for that and you have washed your hands of the problem and get on with your business. He can only settle with them at that point and like Willar says, his credit is effected.

[SimonSez]

Re: Dilemma- damage to roll-up door

Here's an idea: Call your property insurance agent. See if your policy covers repairs caused by customers with them pursuing that company to recoup the cost. I just had a gate damaged by a drunk customer who ran into it. I got his vehicle insurance (he was a parking renter) info, called HIS insurance company, sent the estimate, and I got a check in two weeks.

If they're a commercial customer such as this one, a carpet cleaning company, make them provide every piece of information you can get your hands on. I make every commercial customer provide vehicle insurance to be filed with their contract. They're renting to help them conduct business? It means their commercial vehicle are toting business goods on their vehicle in and out of the property to and from their rented unit. I get any required certification they need to do their type of business. Carpet cleaning? They have to use chemicals in their job. What permit do they have for that? Get a copy of it.

The good ones have no problem providing that info. The bad ones will tell you they don't have it, won't provide it, etc. They're not worth having as customers.