Need Advice Assessing Security Deposit Deductions
Started by reality
about 16 years ago
Posts: 14
Member since: May 2009
Discussion about
My tenant just moved out and I need advice on what is reasonable to deduct from the security deposit. They drilled a hole in the side of the bathroom vanity cabinet, which was new when they moved in. They neither removed the screw and its glue & plastic hardware, nor tried to conceal/repair the damage. It's visible as soon as you walk in the bathroom. But for this dark hole and its surrounding... [more]
My tenant just moved out and I need advice on what is reasonable to deduct from the security deposit. They drilled a hole in the side of the bathroom vanity cabinet, which was new when they moved in. They neither removed the screw and its glue & plastic hardware, nor tried to conceal/repair the damage. It's visible as soon as you walk in the bathroom. But for this dark hole and its surrounding discoloration now there, the white vanity would be fine. What's the fairest way to assess this damage? Also, they replaced the Kohler showerhead with a generic, 90% plastic large showerhead with a faux chrome peeling extension hose which is caked with mold. Is it fair to charge them for labor and materials to restore to how it was when they moved in? They never asked if they could or notified me that the the showerhead was (or needed to be) replaced. The lease clearly states that no appliance or fixture may be altered without landlord's consent. Is it fair to charge for cleaning FILTHY stove top, oven, heavily grease-speckled kitchen walls, and animal hair and dust around appliances and in corners throughout condo? Fair to charge for cleaning (possibly replacement) of wall-wall/floor-to-ceiling drapes which had been new, but are now severely stained by what appears to be a dark liquid? Want to be fair, which is hard to do since I'm peeved that they left some large, cheap mirror on the wall installed with four very large bolts. Even if the mirror were nice, it's the principle that they said nothing and made no attempt to repair/clean anything. Any objective advice would be welcome. [less]
How many years had the tenants been there?
Did they break the toilet seat?
The tenants were there three years.
Don't think they broke the toilet seat, must check.
i thought you were for real.
For real? The toilet seat will be binned regardless of its condition, and no, the tenant won't be charged for it.
reality, sounds like you are trying to be fair to both sides
don't mind columbiacounty, he automatically views you with suspicion because you own a piece of property and because today is one of the days in the week ending with "day"
His little sister had a couple problems with her toilet seat with her landlord, and also had a problem with a toilet plunger one Christmas Eve in the late 1980s and big bro is always trying to protect her from those horrible memories.
Carry on, see if all of the "insightful" people here like columbiacounty and aboutready actually have a point of view that doesn't involve tell you how stupid you are.
modern, you really are having some issues with me lately, aren't you?
reality, it seems as though you are for real. cc, i think reality's comment was innocent, but i've been wrong about people before.
i don't know how to measure your losses, but they certainly seem more real than qwerty's. maybe someone can offer some decent info.
there's some of that well intentioned "insight". She doesn't actually say anything that will actually help you with your dilemma, she just sounds nice. And if that's not good enough for you, well then, you are stupid.
I just left a two year rental -- broom swept -- other than picture frame holes, I had nothing re: what you described --
the stove is gross but normal wear and tear -- just hire a cleaner for that and pet hair (broom swept is standard)...
BUT -- hole -- that is chargeable and showerhead.
ok here you go reality:
vanity---presumably they put a hook in the side? could you put another hook or small fixture covering the problem? if so, charge them for that. $75?
new showerhead: can be replaced for $100. charge them.
cleaning the grease is a tough one---you make the call.
cleaning drapes---can they be dry cleaned? charge them. if not, absent any specific agreement, i think this becomes your problem.
mirror on the wall. presumably, you're going to paint for the new tenants....so unless there's something more here, it seems like plaster/prep for painting. no charge.
How nice of you. Only have to pester you like you are a child before you are forced into playing nice.
I'm sure it will be long lived.
hsf, i hadn't read your comment before i posted.
sorry, dude, but you're the asshole here.
cc, i see your point now.
yeah, finally you two are in agreement on something.
I was thinking aboutready Our Lady of the Toilet Seat Welfare Queen, is there an angle for you and your family in this?
Maybe you can get a lawsuit going against the above poster, reality, and you can collect some money damages. Same rationale against Tishman or come up with a new novel one that entitles you to some cash from this landlord. Maybe even involve the the fact that the toilet seat didn't break and therefore it wasn't replaced and since you got a free toilet seat after you broke your landlord's... I'm sure you'll figure it out.
I'm not being sarcastic, this might not be so farfetched for you.
Putting a hook or small fixture to cover the problem isn't repair, that's a tacky cowboy job. Problem is that labor must be paid for the repair, but if it still looks terrible, than there's the cost of the side being replaced which the tenant would pay for - but I'm still out for the initial labor. Yet I feel guilty not trying to fix it first, though the tenant had no guilt damaging my property.
Same with the drapes, which were included in the lease. They'll get drycleaned, but if still stained than the tenant pays for replacement but I'm out of pocket for the cleaning. The tenant could have at least tried to clean them first. This wasn't a pleasant tenant, but I still want to be fair without being a witch.
Maybe this is a silly question - how much was the tenant paying in rent? (And re: the showerhead - my feeling is that they just liked the Kohler fixture and stole it).
sounds like you already decided....so, replace the entire vanity? how much? when you say the drapes were included in the lease, do you mean that you spelled out that they were to be provided and returned in like condition? if so, replace them at tenant's expense.
what do you mean by the statement that this wasn't a pleasant tenant? did they pay the rent as specified? was there something they did that you haven't mentioned?
we are negotiating to rent a very, very special place with extremely specific conditions about before and after. is that your case?
what difference does it make what the rent was?
@ph41, The tenant was paying $3,200. Never even crossed my mind that he may have stole the showerhead.
Careful reality, you are treading closely to having aboutready demand cash damages from you. Already her older brother columbiacounty is buttering you up with nasty comments designed to elicit information.
Tenant was regularly late with rent, though still working at a salary of $160k. He'd pay when I reminded him, but was arrogant and told me he was too busy to be bothered with such trivial stuff.
When he wanted the place painted, I coordinated with him 5 weeks in advance (he had vacation plans and wanted to be home, fair enough). On the scheduled date no one was there to let the painters in - they charged me $400 for wasting a work day, time is money.
All why I wouldn't give him a fourth year. He rented another unit in the building. People are desperate to get renters in. I am too happy to finally be rid of him.
I'd say the replacement of the vanity and the showerhead, as well as the cleaning of the apartment and of the drapes is a fair charge. The mirror bolts and any other holes in the walls I'd eat, since it's part of normal prep before a paint job.
Make sure to take pictures and itemize parts and labor when you return the remainder of their deposit.
There was a lease rider stating the condition of the condo, with an inventory and condition list of all appliances, fixtures and dressings. As I was out of the country, I had the tenant inspect the condo, go through the list and initial each page and return it to me before he moved in.
Is it too harsh to simply replace the vanity and bill him for it without first attempting to repair it?
nope...do it.
"modern, you really are having some issues with me lately, aren't you?"
AR, I didn't post anything to you or about you on this thread. You need to maybe lighten up a little and not be so paranoid.
Drapes need to be cleaned every year. If not, then at the very least every other year. The fact that you did not have them cleaned, is you fault. It they had been cleaned, and you noticed stains, then you could have addressed them and worked in out with the tenant. Most importantly, there is wear and tear on an apartment even if you are living there. The vanity? Use spackle. The next tenant will also not be exempt from wear and tear either . The next tenant might not have a problem with it.. I think the only case you have is the showerhead. They should have replaced the original. Charge them the cost and realize that the rest is the cost of doing business. if you are more particular than that, don't rent out your apt.
Do whatever it is you would do if you had been living in the unit and were renting it for the first time. Of the things which got done were done because of things which your tenant caused, charge the tenant for them.
Don't see how you have a case for charging the tenant for a new vanity; at best, for the difference in value between a used vanity without the hole and one with.
It's all arbitrary.
Vanity should last, say, 8 years, but with the hole in in lasts 4 years in part because future tenants see that it isn't well maintained and don't themselves treat it well.
Drapes, I suppose they should be cleaned annually, but once you rent the place the cleaning cost during that period should be borne by the tenant.
Showerhead is a hard one. Perhaps the new one's bad state indicates that the old one faced a similar fate and needed to be replaced. Hard to know.
But that gives me an idea, why not make a list of items and take photos, and send it to the former tenant and ask him/her what he/she thinks, that you believe it totals X, and - I don't know, try it.
I don't think someone paying $3,200 per month would steal a showerhead.
Most likely it broke/clogged and they replaced it. Some tenants just fix stuff without calling the landlord every time. Did they ever call you to fix anything?
What would you have done if the Kohler toilet seat had been replaced with a cheaper version? I doubt anyone would steal a toilet seat. You would assume it had broke and they fixed it, just because it wasn't fixed to the same quality does not mean you charge them.
Dirty drapes, no charge, Stained drapes, you can charge them.
Also, if the tenant was there for 3 years, it means you didn't have to paint etc more often for new tenants. So I would cut them a little more slack on wear and tear than I would a 1 year tenant.
modern, don't assume anything. Tenants can and will steal anything. There's always the 10% who are pissed off at their landlord, the world, their pitiful life, the Knicks, whatever. And they take it out on moving day. More often, it's what they leave that makes for good or sad stories - furniture, pictures, animals, etc.
OP - was this your 1st tenant experience? did they flee during the night - was their no final walk thru prior to their moving on? who the hee puts drapes up? it's a business transaction - not a tea party for a sorority sister. woman up will ya.