Property Damage : ezLandlordForms

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Ralph D

started a topic almost 15 years ago

Can an amount be taken out of security deposit for home damages without making repairs? Such where they may have depreciated the property with damages but not worth or too expensive to make a full repair. I fear some hardwood flooring has some deep impressions/scratches from furniture where care was not taken to prevent that. It however would be too costly and time consuming to completely redo the flooring.

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Doug K

said almost 15 years ago

Ralph how much is your damage deposit?

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Donna

said almost 15 years ago

There are states that specify that even though a landlord demands a deduction for damage, the landlord is not obligated to make the repair. Alabama is silent on such a statute. It is - however VERY important to get at least a repair estimate and also keep in mind where even though a tenant has created damage, it must be beyond mornal wear and tear. IF your tenant were to take you to court...you cannot make him pay for existing damage or damage beyond normal wear and tear.

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Ralph D

said almost 15 years ago

Thanks for the replies! I don't have a damage deposit per se? I have a $1,000.00 security deposit which is equal to one months rent. It is not that I think the damage to the flooring would be major but unnecessary. Yes, you are going to get some scratches and scuffs. However, I fear there will be some impressions or scratches from furniture where they did not put felt or coasters on the legs. Such as could have been avoided had they done so and as stipulated in the Lease Agreement. Again, they were basically brand new flooring. I took some pictures and mailed a letter a few months back in bringing this to their attention. I would imagine a pro would charge several hundred dollars to make the repairs. I just thought to charge them between $25.00 to $50.00, clean the flooring and possibly put a coat of urethane on areas that needed it. Thanks, Ralph

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Bill F

said over 13 years ago

Oops in the first sentence above, I meant the apartment complex GATE was not working.

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Robin M

said over 13 years ago

Even though it seems evident that the damage to the gate was done by your tenants or one of their party guests, unless there was a witness, it may be difficult to prove. Gather information from other tenants as well as the police report and consult an attorney to see what you can do. After all that, it may still end up as a claim for your property insurance.

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Bill F

said over 13 years ago

Thank you for your response. This is the conclusion we came to as well. :/

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Bea S

said almost 8 years ago

Make sure to save everything and keep everything filed in a organized location. Then when and if you need to go to court you have everything handy. It never hurts to contact a lawyer to help ensure you have all the paper work. Some situations should be left to the pro's.