Old tenant ridiculously claimed that all the damages we deducted are wear and tear, wish to have a full refund (of $369) or he will take legal action. After sending him pictures of before and after the repair along with the itemization. He still claimed that the cracked toilet lid, dented door knob, replacing smoke detector battery and bent blind are wear and tear. We have the walk through tenants fill out/ videos before and after plus many proof. Even tho I strongly feel that I will not lose if he takes me to court, but I do not want to waste my time. Maybe I should give some money back and work with him so we can settle this. Tried many times calling, but the guy does not want to pick up, he will only reply by emails, now I am thinking maybe I shouldn't work with him. Need to figure a way to do things better in the future with the deposit deduction most tenants are wanting all their deposit back. It is either wear /tear or it was there already what they always say. Any suggestions?

Take the deposit amount and divide it by 6. Raise the rent by this amount. If the damages when a tenant leaves are more, use the courts to get a judgement and collect on it.

If I had a dollar for every person that said I am going to sue..........

Rent on - ignore him

LITX GOOD POST

WEAR & TEAR DEFINED FOR THIS AGREEMENT AS:

A CONDITION THAT RESULTS FROM THE CUSTOMARY USE OF AN ITEM OR PART OF A PROPERTY, AS DETERMINED BY THE LANDLORD OR A SERVICE PROVIDER.

AN EXAMPLE WOULD BE:

NON-DESTRUCTIVE, WEAR PATTERN ON A FLOOR FROM FOOT TRAFFIC.

DETERIORATION, WHICH OCCURS, BASED UPON THE NORMAL USE FOR WHICH THE ITEM OR PRODUCT, TO INCLUDE FLOORING, PAINT, OR THE RENTAL IS INTENDED, WITHOUT NEGLIGENCE, CARELESSNESS, ACCIDENT, OR ABUSE OF THE PREMISES OR EQUIPMENT OR CHATTELS BY THE TENANT OR MEMBERS OF THE HOUSEHOLD OR GUEST.

SOILAGE (DIRT & STAINS) ARE NOT NORMAL “WEAR AND TEAR".

DAMAGE IS DEFINED AND INCLUDES, BUT NOT LIMITED TO:

DIRT, HOLES, CUTS, BURNS, BROKEN ITEMS, AND ANY CONDITION NOT PRESENT AT MOVE IN, AND IS NOT WEAR AND TEAR.

DAMAGE IS A CONDITION NOT AS A RESULT OF CUSTOMARY OR INTENDED USE.

DAMAGE IS A RESULT THAT IS INCONSISTENT WITH THE MOVE IN CONDITION OF THE PROPERTY, AS SHOWN IN THE MOVE IN REPORTS.DAMAGE IS A CONDITION THAT IS ALSO OBVIOUS, SUCH AS A BROKEN WINDOW.

OR WHERE THE NORMAL AND CUSTOMARY USE WOULD NOT RESULT IN A CONDITION DIFFERING FROM THE MOVE IN CONDITION, OR DEFECTIVE CONDITION AS MAY BE FOUND AFTER THE TENANT/S MOVE OUT.

OTHER RESULTS MAY BE CONSIDERED DAMAGE BY THE LANDLORD.

THE MOVE OUT CONDITION WILL BE COMPARED TO THE MOVE IN AND PREVIOUS CONDITION TO DETERMINE IF THE RESULTS ARE DAMAGE OR WEAR AND TEAR.

My lease requires tenants to maintain smoke detector batteries and my move-out checklist requires them to be sure smoke detectors have working batteries, the AC filter is clean/replaced and all fixtures have working/matching lightbulbs....just like they did when they moved in.

The only thing you mentioned that I might not charge for is the bent blind but it would be based on the age of the blinds and length of tenancy.

Oh i had such difficult pushback from a recent security deposit. I would charge for everything you charged for. What i did was open a word doc and start. Address the top of the notification. Go thur each item they are challenging. Bold the item; example Smoke Detector Batteries. New batteries were installed at your move in. Lease clause #X states that resident is responsible for replacing batteries(or whatever the lease states. No paraphrasing. Copy and paste the clause pertaining). Go thru each item and give a full explanation. Also add a paragraph: deductions from your security deposit could have included: and then list the things you didn't charge them for.

Follow a simple procedure. Have the condition documented on the move in lease make it a page number. Doesn't need to be a bible in length. For ex. 1st BDRM carpets clean all lights working walls and windows clean. 2nd BD rm same-- each room very simple. Next page on lease-- again full page of what charges are for damaged items/cleaning. Bulbs missing 15. Vent hose 45, stove dirty 45 vent hood dirty 35. If you haven't done this long you can find a list somewhere her. Make it a page number in your lease.

So lease is over or close to it. Send condition of premises letter- (also found here somewhere) reminding tenant how it looked when they moved in- attach the move in inspection along with the minimum charges and fees schedule they signed.

When there out- inspect and list everything you find. You don';t need price cause they already got that pricing.

Send list. Not money yet just list. We have them --IN writing - describe items that we may have written up they object to. Most times it piddle stuff and we just line through. Pretty hard to object to the main items you've written up. Then in 30 days they get balance of dep back or bill for what's owed.

Let them go ahead and sue. 199 times out of 200, they will never get any further than making threats.

The battery: I would charge if the battery was missing and I replaced it. I wouldn't charge if there was a dead battery and I replaced it.

Yes, if anything I would only refund for the smoke detector battery as a courtesy since it is in the lease. They lived there for a year and the blind was bent up on one corner so I don't see that as wear and tear. We do have the walk through inventory from the tenant when he moved in / videos. His come back was when he moved out he did not see that. We normally do walk through when they move out, due to Covid tenants have been leaving their keys on the counter once they are done with the move out. I think that walk through when they move out is important but again some people can be unreasonable no matter what.

Putting a list of the repair prices in my lease is a great idea, I will have that together in the future. What is a reason price to charge for labor on painting?

We do most repairs ourselves so I want to make sure I am charging reasonable price for labor.

Thank you so much for all the great info, giving me some assurances that I am doing the right thing.

Something I do on the security deposit accounting statement is put a few items on there that I noticed, but am considering wear and tear. The theory on doing this is they see a bigger list, but, that the landlord isn’t trying to nickel and dime the tenant.

Were it ever get to a judge, it might show, yeah, there were quite a few dings, but, I only charged for the ones I was sure were damages.

Sometimes people are never happy with their deposit refunds, even when you give back every cent. Most landlords think they have to charge for every little scratch, nick or dent.

He wants email because he wants EVIDENCE. Anticipate that everything you say will be recorded, and everything you write will be shown in court.

I'd probably write a nice letter explaining your position but saying something like "although we still believe after further review that these items are damages, we are willing to refund $xx of your money in exchange for a final settlment to save time and effort for all involved".

If he does not agree to it, then you can show that letter/email in court and the judge will see that you at least tried to work things out and be reasonable...which will probably lead to a decision in your favor in court.

I don’t charge for touch-up painting or filling a reasonable amount of holes from hanging things. I consider that normal wear and tear and besides I don’t want them trying to patch because they don’t know how to do it and it has to then be redone. So I specifically tell them not to do it and they will not be charged for it.

That being said the move-out instructs do tell them to clean the walls of marks, dirt and fingerprints....a magic eraser or cleaner such a scrubbing bubbles works well on my semi-gloss paint.

My last move out was charged for dog damaged walls (digging holes all around the house where chunks of the plaster were dug out at knee level (small dogs), an unauthorized cable line removal/repair as well as two brand new interior doors with holes dug through them by the animals which had to be replaced.

LITX,

Here's what I do to protect my business:

-100 move IN photos to prove condition at move in

-Lease is clear: replacement cost with a full page, 2 column list of common repairs at $50 per hour

-Lease is clear: wear and tear is defined with about 12 common items that are NOT W&T

True, people bark about suing you.

BUT...

Wanna be right or rich?

IF he sues and the judge decides you need to refund $.01, or the judge takes up your offer to settle, YOU LOSE. The loser pays all the filing fees AND the former res' atty fees.

SO...

I'd email and ask what he would settle for. "Joe, What would make you happy?"

I did this with a fellow who owed $6500. He complained that his brother mowed the lawn at move out so the $50 I charged was unfair. "Joe, If I knock off the mowing fee will you agree on the rest?" Yes.

(Side note: our court's max is $6000 so the judge would have knocked off $500 anyway. :-)

BRAD

PS

Whether you finished the repair or not is not his concern.

AND...

your cleaning and repair charges must be FULL FULL RETAIL - high enough to cover negotiations, discounts, judge reductions in court, and collection costs to chase them down.

The $XXX for materials and labor is only just the beginning of being repaid - as evidenced by yoru numerous emails, photos, time, and stress.

Brad, the problem is this guy wants all of his deposit back full $369 that was deducted. I don't mind working with him to give some back to make peace and save all of us time. My last email I told him to call me if he would like to resolve this. Would it be wrong if I don't continue to reply his email.

It is almost like he is dictating what he wants. He wants pictures/invoice, he got it.

we charge 25.00 first half hour then 50.00 per hr after. Our list is comprehensive because if it isn't you have nothing to GIVE BACK. No don't nick pick but when mailed to X tenant-- it's required that the disputed items be mailed back to us. NOT email-- snail mail.

My lease covers painting. Here's what it does-- if your first year lease is not to term you will be charged 600.00 for repaint. (our rent is based on a 1 year term not painting ever 4 months)

YOU need to have the ANSWERS BEFORE THEY ASK THE QUESTION.

Here's a recent -- just this afternoon conversation) we charged 4 days holding over. I conceded the last day. OK Then she says "well I want the first day" -- Ill pay for the second and third holding over but not the first??????