I did the preliminary move out inspection today. Boxes were everywhere so I couldn't see a lot of things but I DID notice they had removed items outside that were affixed to the property (apparently purchased by them years ago) & removed all of the curtains & curtain rods, telling me they were tension rods and therefore not affixed. Okaaaay, about the tension rods/curtains, but NOT about the other stuff that was affixed to the house! However, I just want them gone.

As noted in their disclosure & estoppel papers before I closed escrow, they painted some walls last year (but today, tried to deny it!), & today the walls are patched due to multiple nail holes ... but they couldn't match the paint.

I mentioned they would have to paint the entire walls if they couldn't match the paint & I was *told* they read something about if they live there a certain amount of time, they didn't have to paint.

I said that's true, but this was new paint & a new paint job, & not such a good patch job for nail holes & now, it looks like 2 different colors (slapped on) on the walls. Same thing in another room. Big patches of spackle, no feathering, plus two bigger deeper holes not even filled correctly...& they can't match that paint either (even though that room didn't have new paint like the other room).

They asked if I'd be ok if they got a similar color & re-painted the walls, I said that would be a good solution if they could make it look like the walls were not patched in so many places from the nail holes.

Note that I did not ask them to patch the nail holes at all at any time, in any room.

I was told maybe they would just let all this come out of the security deposit.

I have no problem with that except with a people being busy in the trades, it might take me longer than 21 days after they vacate to get the painting job done.

Do I get a painting estimate and then hold out that amount from the return of their security deposit, and then when I get the final invoice, I mail that to them along with any difference that I might owe them? ... even if it's beyond the 21 day limit for California & the return of the security deposit?

I told them that it would be better if they hired a professional to get this done before they vacate, because if not, my taking care of this would definitely delay their security deposit possibly for the entire 21days time.

Gentle thoughts & suggestions & recommendations please, I have never dealt with tenants & moving out before.

Thanks!

Fab Gal

Your first problem is to establish a legal position that you can prove, before worrying about estimates, trivial nail holes and busy professionals.

If the amounts of damage are small, I would let it go. If they are large, there will be an incentive to fight you in court, and you will have to PROVE the damages and responsibility by a preponderance of evidence. In most CA courtrooms, you will get a fair hearing, but not a satisfactory decision without genuine PROOF.

Many tenants think that patching over the nail holes is a good thing, it's not. Most of the time a tenant will not match the texture on the walls and after it get sanded, primed and painted, patches will stick out like a sore thumb. Or they use the wrong spackling material.

Moshe can you give an example of what type of "genuine proof" will be needed?

I have photos of the curtain rods as seen in the MLS listing on line (not tension rods!), & I have photos of the other items that were affixed to the house, too.

So back to my question, if I end up having to hire a painter (or housekeeper or carpet cleaning company), because they don't want to take the time or trouble to take care of this themselves, and are willing to have that amount deducted from the security deposit ... if I can't get it scheduled & done within 21 days, do I return part of their security deposit, while holding back the rest of the amount that was quoted me, until I get an invoice for their final accounting?

Thank you everyone for the handholding and the help!

HOW long has this tenant been in this place? Don't you have "normal wear and tear"?

I'm not talking about damage sheet rock -- just nail holes for pic's.

We don't allow them to paint-- specifically because they'll never match the paint and it's our responsibility after they've lived there a while.

To us a while is finishing the first year of the contract. We want them to take all their "goodies" when they leave. Curtains etc.. fresh slate to rehab.

Damages are billed as "beyond normal wear and tear" that normal includes nail holes from pictures- curtain hangars....

"Many tenants think that patching over the nail holes is a good thing, it's not. Most of the time a tenant will not match the texture on the walls and after it get sanded, primed and painted, patches will stick out like a sore thumb. Or they use the wrong spackling material."