With the first few rentals I owned, I failed to include a security deposit clause or any description of conditions etc.. Now, not too surprisingly, one of the above tenants who is leaving is boldly claiming he doesn't owe me a dime for any of his damage.

Meanwhile, I read on line that, "besides what might be detailed along with a formal security deposit, most deeds "imply" some unwritten elements of responsibility for " careless and wanton damages..... as well."

Do any of you old timers out there think there is any hope in my legally persueing this matter?

Two weeks before any tenant moves out, I want to conduct a pre-move-out inspection where as I make a list of items that need repair that I will deduct from the tenants deposit. Then after the tenant moves out, I will conduct the final move out inspection. Each time I take pictures and document things.

For example, if the carpet hasn't been vacuumed and need a professional cleaning, I will deduct $150 for a shampoo company. If the tenant doesn't want to pay that bill from their deposit, then they can rent a Rug-Doctor at their local market and shampoo the carpets themselves for around $25-$35.

If the tenant says they didn't cause curtain damages, like holes in the walls, I have my receipt from their apartment was painted before their tenancy. Proof enough.

It will come down to "he said / she said" and whatever your judge thinks is fair.

The question is not whether the tenant is responsible for the damages he caused beyond normal wear and tear. That is pretty much a given.

The question is if you can prove that the tenant caused the damages. And without pre-move-in pictures and an inspection sheet that the new Tenant signs when he takes possession, that might be hard. However, some of it is not that hard.

For example, holes in the walls and broken doors are kind of a "Would he have rented this unit if it looked like that when he rented it?" Same with broken windows. Your testimony that there were no holes in the walls and doors and windows is likely to be believed by the judge. And if you have receipts for new carpets dated two weeks before the tenant moved in, well, those might convince the judge.

On the other hand, some minor carpet stains, maybe the tenant would have rented the place despite the stains.

So a lot of it comes down to what the damages are.

Live and learn!

And, schedule an "annual inspection" or something for your other units, and get some photos of the present condition. Not as good as pre-move-in photos, but at least you'll have something if they get damaged more between now and the return of the units.

Minnie,

YIKES!! Where did you get a lease that does not cover the basics?

My suggestion: go back to those residents who have the old lease and have them sign the new one.

My lease is clear: it covers Security Deposit, how it's applied at move out, a full page 2 columns of Standard Cleaning & Repair Costs so we don't have to argue over receipts, a rate of $50 per hour, a 4 page checklist showing everything is OK with their initials on each page plus their signature, I take 100 photos...

INVEST in a proper lease. It will save you stress and money, mine MAKES me money with add on's, PayDayPlanRent, Early Lease Termination Fee (this one sentence brought me $2000 cash last week), and is a slam dunk if I have to evict.

Call Toya at MrL's office and ask her.

Minnie,