Tenant wants photo support of security deposit damage charges : ezLandlordForms

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Sean P

started a topic about 12 years ago

Hi, I had a tenant move out yesterday. After walking through the place I sent an email today stating that the carpet needed to be steam cleaned and the first floor and stairway needed to be painted. The walls had been spot painted white in large blotches all over (they are not white otherwise) and where the didn't paint there were scuffs, scratches and dings all over. The carpet is full of stains, and a shade or two darker than before too. A room was painted gloss white, it was previously blue, when doing so they dripped paint onto the hardwood and apparently wiped it up with a towel leaving a milky white haze behind. On top of this they didn't do much cleaning. So, I told them that I would be having some work done out of the security deposit with the misplaced intention of just giving them a heads up. They reacted badly, disputed the condition of the carpet, and the walls too. We have a few pictures showing how different it was before but don't have good old pictures of all the areas. Here is the tricky part. They asked to be let out of a 12 month lease after only 7 months, and I let them out. They paid for all of April and I told them I would prorate them back the days from when they leave (so three days basically). Now they want to go back in and spot paint and clean the carpet themselves, saying they can still do that until the end of April. (they handed in their keys yesterday) I have in email the plan to move out these few days before the end of the month. I don't have time to wait for them to do this, and more importantly don't trust the job they will do. At this point I want to just get the work done, and pay for it out of the security deposit. They have demanded photo documentation of everything that is more than "normal wear and tear" that will be worked on and charged to the security deposit. She is saying she is in contact with her lawyer. What do I need to do?

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Mary D

said about 7 years ago

I agree with your comments. I have a further question. I want to assess 'permanent damages' out of security deposit. Documented by previous inspections & pictures then & after move-out. Can I randomly decide what the damage assessment should be per my personal assessment? Is there a way that should be done? What I did was assess $200 for trying one last time to remove the stains/assessed perm damage charge. I tried one last time to remove shower etching...no success..assessed $80 ($1500 shower new w/labor). 1. New glass surround shower (new when 2 yr tenants moved in) permanently etched from lack of ANY cleaning. 2. Seven permanent carpet stains in expensive high quality carpeting. (not large, just never stained before and affects future potential quality of property in commanding the highest rent).

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Edgar J

said about 12 years ago

I agree with John, You should use the security for repiars to be done and then hand over the rest money to them. Bit don't let them re-enter in your home.

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Bob R

said about 12 years ago

Assuming the tenants gave you notice, turned off the utilities and handed you the keys, I would not let them enter the property. Nor would I return the 3 days rent. Not only did they break the lease, they decided to leave before they were required. When you have the carpets cleaned, have the company give you a written estimate to include the condition of the rug. Painting is sometimes a problem, given the time they lived there. However, if they painted without your permission (per your contract) you probably will not have a problem should you need to go to court. You probably can ask for 2/3 of the cost. Also, if they painted semi over flat, you should be able to charge them the cost of priming the wall before painting. They are not entitled to your pictures. Take plenty in case t you have to go to court. Also, I would not use April’s rent to off-set damages.

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John G

said about 12 years ago

Use the security deposit and have the repairs done. That is ridiculous and they shouldn't have left the place in the condition they did. Don't be unreasonable, but get the work done and give them the rest of their security deposit. They aren't going to a lawyer I would guess. Call them on their bluff.