washer/dryer dispute

[mschelble]

on 20/06/09 We moved from side of our duplex to the other. The previous tenant left the washer and dryer for us and we told the landlady who told them that we would be able to pay them $150 for the washer and dryer in a couple of weeks. We had also talked to the previous tenants who said they would be back in a couple of weeks for their mail and we were going to pay them when they came back. One month later the previous tenant emailed me and said she was more than patient waiting for us to mail her the money. She had never given us her address or any contact info. The landlord didn't have the previous tenants address to give us, but the previous tenant said that wasn't our problem we should have mailed her the money anyways (despite not having an address or way to get the address). I told her we didn't have the $150 right now. It had been a month and we had to spend the money on other bills. So she said that she had other buyers lined up and that the landlord promised she would let the previous tenant in our home to get the washer and dryer if we don't freely hand it over within three days. We told her we would give it to her the next day. After she was an hour late we called her (she had given us her number having throwing a fit because we hadn't contacted her) and asked when she would be buy. She said the buyers she had lined up changed their minds and that she wanted the money that monday (1 day later). We told her we just don't have the money and she'll have to pick them up. She just hung up on us. That was 7/24/09 and the last time we heard from her. I followed up by telling her the landlord can't legally let her in for something that isn't an emergency and that the landlord can't even legally be involved. I also found out that something that is left in a rental after 30 days no longer belongs to the previous tenant. I ended the email by asking for her address one last time so we could mail her the $150 check on 8/15/09. She never emailed me back and we haven't heard from her until today when she sent her boyfriend over with small claims paperwork to tell us their taking us to court. I want to know if I should be worried. She never cooperated very well. And I have all the emails showing I was being very polite and trying to cooperate, but she just argued. Who is in the right? Me or the previous tenant?

 

[Gail_in_Georgia]

Quite frankly, your entire posting appears to be full of well, excuses as to why you haven't paid for this washer and dryer.

1. You discuss purchasing these items but never bother to get an address on where to send the money?

2. You agree to let the previous tenant pick up the washer and dryer and then claim that the landlord can't let them into the rental unit unless this is an "emergency"?

3. You now claim that the washer and dryer should be rightfully yours because it was left in the rental unit for greater than 30 days?

Sounds like you left the former tenant no option but to consider legal action against you for a. not paying for these appliances and/or b. not allowing her access to pick them up.

Gail