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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]
Response by inonada
about 16 years ago
Posts: 7952
Member since: Oct 2008

How many years had the tenants been there?

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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007

Did they break the toilet seat?

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

The tenants were there three years.

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

Don't think they broke the toilet seat, must check.

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Response by columbiacounty
about 16 years ago
Posts: 12708
Member since: Jan 2009

i thought you were for real.

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

For real? The toilet seat will be binned regardless of its condition, and no, the tenant won't be charged for it.

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Response by hfscomm1
about 16 years ago
Posts: 1590
Member since: Oct 2009

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.

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Response by aboutready
about 16 years ago
Posts: 16354
Member since: Oct 2007

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.

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Response by hfscomm1
about 16 years ago
Posts: 1590
Member since: Oct 2009

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.

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Response by manhattanfox
about 16 years ago
Posts: 1275
Member since: Sep 2007

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.

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Response by columbiacounty
about 16 years ago
Posts: 12708
Member since: Jan 2009

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.

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Response by hfscomm1
about 16 years ago
Posts: 1590
Member since: Oct 2009

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.

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Response by aboutready
about 16 years ago
Posts: 16354
Member since: Oct 2007

hsf, i hadn't read your comment before i posted.

sorry, dude, but you're the asshole here.

cc, i see your point now.

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Response by hfscomm1
about 16 years ago
Posts: 1590
Member since: Oct 2009

yeah, finally you two are in agreement on something.

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Response by hfscomm1
about 16 years ago
Posts: 1590
Member since: Oct 2009

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.

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

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.

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Response by ph41
about 16 years ago
Posts: 3390
Member since: Feb 2008

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).

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Response by columbiacounty
about 16 years ago
Posts: 12708
Member since: Jan 2009

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?

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Response by columbiacounty
about 16 years ago
Posts: 12708
Member since: Jan 2009

what difference does it make what the rent was?

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

@ph41, The tenant was paying $3,200. Never even crossed my mind that he may have stole the showerhead.

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Response by hfscomm1
about 16 years ago
Posts: 1590
Member since: Oct 2009

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.

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

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.

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Response by maly
about 16 years ago
Posts: 1377
Member since: Jan 2009

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.

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Response by reality
about 16 years ago
Posts: 14
Member since: May 2009

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?

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Response by columbiacounty
about 16 years ago
Posts: 12708
Member since: Jan 2009

nope...do it.

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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007

"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.

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Response by apt23
about 16 years ago
Posts: 2041
Member since: Jul 2009

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.

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9878
Member since: Mar 2009

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.

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Response by JohnDoe
about 16 years ago
Posts: 449
Member since: Apr 2007

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.

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Response by geo_lipper
about 16 years ago
Posts: 2
Member since: Nov 2009

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.

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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007

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.

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Response by rmrmets
about 16 years ago
Posts: 93
Member since: Oct 2008

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.

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Response by romary
about 16 years ago
Posts: 443
Member since: Aug 2008

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.

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