Posted by Edwin on June 06, 2008 at 24:14:41:
Corine, about all you can do is analyze the situation and try to determine how the damage was caused, i.e. the water damage from the shower. If you think it was caused by not shutting the door, charge them for the repair. If they sqawk, let them. If they sue you, you’ll just have to explain your reasoning to the judge. Good luck.
What is considered normal wear vs. deduct deposit - Posted by Corine
Posted by Corine on June 04, 2008 at 11:40:07:
I have tenants moving after 1.5 years. The house was new when they moved in. The outside is outright dirty. Power cleaning is necessary. Dog chewed up the case molding and scratched off the paint and most of the wood from the door jam. Scratching to get in.
There’s been moisture and dampness around the shower for some time now. Builder apparently fixed it, shower was never sealed property. I’m just going to have my father come up and fix it once and for all, but he won’t be doing this one for free. When I saw the area this morning, I could stick my finger through the sheet rock. I can’t believe the tenants didn’t bring it to my attention sooner. And the shower has mildew, gross. Guess they are not the cleanest.
And what about a now gross garage. It was new.
What am I responsible for, and what are they responsible for. I have a good mind to hire a professional cleaning company. Certainly they’ll be paying for a professional carpet cleaning from their deposit.
Oh. They’re moving from 1,200 to 1,050 to save a few bucks.
Normal Wear & Tear - Posted by Rich-CA
Posted by Rich-CA on June 04, 2008 at 18:59:42:
The unit should be returned in precisely the same condition as it was rented in. Minus the things that wear out over time no matter what you do (that would be the normal wear and tear). For example, carpets last about 7 years. But every year they get a little less fluffy, even with good care and professional cleaning. Paint wears out (gets faded, chips, small nail holes and so on).
But dirt is not normal wear and tear and if it was professionally cleaned before they moved in, they need to do the same when they move out. Make them show you the receipts. If they do it themselves, make sure they show what cleaning company they work for. Professional is NOT do it yourself.
No pet damage is normal wear and tear. Damage from accumulated neglect is also not normal.
What is considered normal wear vs. deduct deposit - Posted by Dave T
Posted by Dave T on June 04, 2008 at 16:45:53:
You should expect to receive the property in the same condition it was in when your tenants moved in with some allowance for normal wear and tear.
Powerwashing in the MB area should be done every year, but I have yet had a tenant do it. Unless it is a provision in your lease, this will be a normal wear and tear item.
Doggy damage is not normal wear and tear. This repair cost will be a tenant responsibility. I stopped leasing to tenants with pets more than 20 years ago. Seems that the security deposit was never enough to cover the cost fixing the pet damage. Some states don’t allow separate pet deposits, so I just make it simple and refuse to accept pets.
The shower is something else. Builder warranty may cover this since the problem was created by the builder’s failure to effect a proper repair. I don’t think you can make this problem a tenant responsibility. True, the tenants should have been more diligent and reported this problem before it became a major repair, but you don’t always get these tenants. This issue reinforces your need to conduct periodic inspections. Replace smoke detector batteries and check/recharge fire extinguishers are just a couple of things you can do when you have your annual lease renewal inspection. This at least gets you in the door to check for other things.
If garage was empty when tenants moved in, it should be empty when they vacate. If you have to pay someone to clean out the trash, that is a tenant expense you can deduct from the security deposit.
Tenants should be responsible for general cleaning and carpet cleaning. If the place is not clean (including the shower tile mildew) and the carpets were not professonaly cleaned, then you hire professionals to do it and charge those costs to the tenant security deposit.
If you do any of the labor yourself, you can not charge the tenants for your time. You can charge them for the cost of materials and supplies that you paid for out of pocket. Keep receipts to prove your deductions from the security deposit.
If your father does any of the work, have him bill you. If your father is not incorporated and you pay him more than $600 during the year, you will have to give him a 1099 at the end of the year.
sounds like tenant to be glad rid off - Posted by steve
Posted by steve on June 04, 2008 at 13:02:00:
and did you have that mold addendum regarding the bathroom?
you need a reason to view these properties monthly, for example to change ac filter, until you can be sure tenants are not slobs.
are you really a landlord? or were you forced to rent because couldn’t sell. and you let it get this bad?
Re: What is considered normal wear vs. - Posted by Corine
Posted by Corine on June 04, 2008 at 19:44:28:
Thank you. Now leave the task to hire a good cleaning crew. Molly Maids isn’t going to cut it. I’ll check with the locat REIA. Any other tips here?
Re: sounds like tenant to be glad rid off - Posted by corine
Posted by corine on June 04, 2008 at 13:11:23:
Nope, no mold addendum here. Brand new house. I’ve been developing my thicker skin, so cut me some slack.
did you want to answer the question or just be sarcastic?
No, I have never intended to flip or sell anything I’ve purchased. I am 85% buy quality and hold.
didyouwanttoanswerthequestionorjust be sarcastic? - Posted by steve
Posted by steve on June 04, 2008 at 13:22:50:
actually a little of both.
the damage to door frame from dog is NOT normal wear and tear. usually a lease will say the property should be left “broom clean”.
here in Florida you have a time frame in which to make a claim on the deposit. I would have work and clean up done and claim whatever the cost is and let them come back and prove otherwise.
AND I was quite serious about having reason to visit property and get inside each month. Some tenants are great and will keep place as clean or cleaner than your own house. But many tenants are PIGS. They don’t own it so they don’t care.
The above is NOT legal advice, only my opinion.
Thanks. A couple of other Q. - Posted by corine
Posted by corine on June 04, 2008 at 13:39:58:
I’ll start doing that, routine inspections. Like I said a while back, I’m too nice. I’ve not really had too many turn over so haven’t been burned too badly yet, but looking at my house today. S—. I’m done being nice.
I have normally done the cleanup in the past, but have three homes turning over at the same time. I can’t do all at the same time, nor do I want to. This isn’t work for molly maids though. The garage needs major cleaning.
They said they would paint the door jam. I don’t want them to, number one where the heck are they going to get matching paint?
I’m going to find a good handy man.
Oh lord.
I’m keeping their deposit.
Here’s a real Q: My father is great at everything. I trust him completely and know he does things right, like fixing the shower upstairs.
I’d like to hire him, but how will it appear if I’m charging the tenant and paying my father. Keep in mind, he’s the best guy for the job.
Any creative way around this?
What about keeping the outside of the house clean? Is that my responsibility?
PS hanging out here will certainly expedite my development of a thick skin.
Re: Thanks. A couple of other Q. - Posted by steve
Posted by steve on June 04, 2008 at 14:42:32:
how do you fix chewed up case molding by painting it? It needs to be replaced. There will probably be some wood that needs replacing on that door jam. Was it also dinged from a dog chain hitting it?? How about the door itself?? And the threshold?? This is why many do not rent to tenants with dogs!
Get a receipt book from Office Depot and have your father write a invoice for the work done, detailed with prices for labor and material, like a contractor would do.
What does the lease say about the outside, who was to maintain the yard and landscaping?? Dirt is one thing, unless they were throwing dirt at the house.
And the garage sounds like a junk/dirt storage area for these tenants…make them haul away everything in the garage, garbage, junk, sh*t and all.
don’t be nice about it.
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Re: Thanks. A couple of other Q. - Posted by Corine
Posted by Corine on June 04, 2008 at 14:55:28:
Thanks Steve:
A bit after the fact. I just googled landlord tenant law in this state and read all about normal wear and tear. Your right about dogs. I’m an animal lover myself. I guess I should have been more selective but because of a soft rental market at the time, I was slack.
Good riddance with them, amen. They’re moving across the complex to I think a new house. Good. They can go trash that house.
OK. I’ve got the normal wear and tear thing, but what about the shower? It’s the sheet rock outside the shower. It’s just mush. It’s from not shutting the door properly. That’s their fault. I lived there and didn’t have a problem. I don’t think they’ll be getting much back from this deposit.
The grounds maintenance here is hoa.