I have a couple that split up, one half is moving into one of my vacancies, the other is staying put. There is W&T in one room that was used for an office. I was there to repair damage to the painted floor from the office chair. BTW I offered them the opportunity to fix the damage or I could and gave an estimate, as per NY reqs.

When the room was emptied I could see where the walls were rubbed by the furniture. Question for you- would you paint the walls because the remaining tenant is starting a new lease with a new deposit, or would you leave it as is? If context helps the damage and wear were done by the departing tenant and the remaining one keeps a very clean apt. If they both moved, there might not have been other work needed to turn it over.

I would do what needs to be done to put the place back to my standard move in condition. Then I would deduct from the SD for anything that was true tenant neglect / damage. I would require the remaining tenant to pay a full SD & issue them a new statement of condition as well as a receipt for the SD.

Do you plan on terminating the current lease and settling it out by returning the deposit and then ask them to give you a new deposit?

"Question for you- would you paint the walls because the remaining tenant is starting a new lease with a new deposit, or would you leave it as is?"

1) no , I would not. there was no turnover, I don't do any freshing up

Painted floor? Wear n tear.

If it was a polyurethened floor, and there were excessive gouges, yeah, ok, might be more than wear n tear. I cannot think of a paint that holds up THAT well. Depends on the primer, I'd imagine.

Seems like you are mixing terms. You say you were there to fix the “damage” to the floor…if it’s damage then it’s not wear and tear. Perhaps you meant you were there to refresh the “worn” painted floor?

If the wall issue is more of a scuff then I’d consider it wear and tear, but if it’s a gouge that requires drywall work I would consider it damage.

Whether or not to improve normal wear and tear is a gray area. If they were both moving out, would you have worked on these things? If so, then I’d do it and not charge them.

I would not have a new lease for the tenant who is staying; I would have a lease modification removing the other tenant so that way you use condition from the original move-in date (with all of your move-in pictures). Meanwhile, ask the two of them if there are any damages that the one moving is responsible for, and this will be deducted from their portion of the deposit.

When one roommate moves out (at the end of the lease, not in the middle), their portion of damage deposit is returned and the other staying tenant must pay their portion. I have the tenant who is staying pay their make-up portion when they extend the lease. Another way to do it is to have the one moving out sign an agreement that the entire damage deposit now belongs to the one who is staying.

folks I thought my sentence structure easy to follow. forget I mentioned damages. there is wear on the walls and it won't rub off. if this was a complete turnover I would paint it. I will still prolly paint it.

Lauren what would a lease modification look like? it is simple enough to sign a fresh lease and receive a deposit for the remaining tenant, than get caught in the cross hairs of who owes who how much from their original deposit.

Busy, yes paint mixed w polly. at the beginning tenant was told to get floor protection under their chair and they did not. it took up the paint and splintered the wood that it took w it. I sanded, patched and painted again. this is the damage part.

folks I thought my sentence structure easy to follow. forget I mentioned damages. there is wear on the walls and it won't rub off. if this was a complete turnover I would paint it. I will still prolly paint it.

Lauren what would a lease modification look like? it is simple enough to sign a fresh lease and receive a deposit for the remaining tenant, than get caught in the cross hairs of who owes who how much from their original deposit.

Busy, yes paint mixed w polly. at the beginning tenant was told to get floor protection under their chair and they did not. it took up the paint and splintered the wood that it took w it. I sanded, patched and painted again. this is the damage part.

folks I thought my sentence structure easy to follow. forget I mentioned damages. there is wear on the walls and it won't rub off. if this was a complete turnover I would paint it. I will still prolly paint it.

Lauren what would a lease modification look like? it is simple enough to sign a fresh lease and receive a deposit for the remaining tenant, than get caught in the cross hairs of who owes who how much from their original deposit.

Busy, yes paint mixed w polly. at the beginning tenant was told to get floor protection under their chair and they did not. it took up the paint and splintered the wood that it took w it. I sanded, patched and painted again. this is the damage part.

folks I thought my sentence structure easy to follow. forget I mentioned damages. there is wear on the walls and it won't rub off. if this was a complete turnover I would paint it. I will still prolly paint it.

Lauren what would a lease modification look like? it is simple enough to sign a fresh lease and receive a deposit for the remaining tenant, than get caught in the cross hairs of who owes who how much from their original deposit.

Busy, yes paint mixed w polly. at the beginning tenant was told to get floor protection under their chair and they did not. it took up the paint and splintered the wood that it took w it. I sanded, patched and painted again. this is the damage part.

folks I thought my sentence structure easy to follow. forget I mentioned damages. there is wear on the walls and it won't rub off. if this was a complete turnover I would paint it. I will still prolly paint it.

Lauren what would a lease modification look like? it is simple enough to sign a fresh lease and receive a deposit for the remaining tenant, than get caught in the cross hairs of who owes who how much from their original deposit.

Busy, yes paint mixed w polly. at the beginning tenant was told to get floor protection under their chair and they did not. it took up the paint and splintered the wood that it took w it. I sanded, patched and painted again. this is the damage part.

folks I thought my sentence structure easy to follow. forget I mentioned damages. there is wear on the walls and it won't rub off. if this was a complete turnover I would paint it. I will still prolly paint it.

Lauren what would a lease modification look like? it is simple enough to sign a fresh lease and receive a deposit for the remaining tenant, than get caught in the cross hairs of who owes who how much from their original deposit.

Busy, yes paint mixed w polly. at the beginning tenant was told to get floor protection under their chair and they did not. it took up the paint and splintered the wood that it took w it. I sanded, patched and painted again. this is the damage part.

Ken I did raise the rent, tenant would be entering their 3rd year, so better to start the clock over.