Deductions from Deposit
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Deductions from Deposit (by Alex [GA]) Nov 23, 2022 2:35 PM
       Deductions from Deposit (by plenty [MO]) Nov 23, 2022 4:02 PM
       Deductions from Deposit (by MC [PA]) Nov 23, 2022 4:05 PM
       Deductions from Deposit (by myob [GA]) Nov 23, 2022 4:52 PM
       Deductions from Deposit (by Robert J [CA]) Nov 23, 2022 5:56 PM
       Deductions from Deposit (by Still Learning [NH]) Nov 23, 2022 6:52 PM
       Deductions from Deposit (by Alex [GA]) Nov 24, 2022 7:15 PM
       Deductions from Deposit (by Alex [GA]) Nov 24, 2022 7:17 PM
       Deductions from Deposit (by myob [GA]) Nov 25, 2022 11:44 AM
       Deductions from Deposit (by myob [GA]) Nov 25, 2022 11:51 AM
       Deductions from Deposit (by Alex [GA]) Nov 25, 2022 1:11 PM
       Deductions from Deposit (by myob [GA]) Nov 26, 2022 8:16 AM
       Deductions from Deposit (by myob [GA]) Nov 26, 2022 8:16 AM
       Deductions from Deposit (by myob [GA]) Nov 26, 2022 8:36 AM
       Deductions from Deposit (by zero [IN]) Nov 26, 2022 9:02 AM
       Deductions from Deposit (by myob [GA]) Nov 26, 2022 1:48 PM
       Deductions from Deposit (by Ray-N-Pa [PA]) Nov 27, 2022 10:17 PM
       Deductions from Deposit (by Alex [GA]) Nov 27, 2022 10:35 PM

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Deductions from Deposit (by Alex [GA]) Posted on: Nov 23, 2022 2:35 PM
Message:

Tenant moved out after filing an eviction. Court gave until October 31, 2022 to vacate and told tenant to pay me rent till October 31, 2022 (which he did). But tenant stayed there after October 31, 2002, for a week well into November, 2022.

Tenant trashed the place and I had to clean-up his mess. I cannot rent right away as it will take me some more time to restore the place. I am going to deduct the expenses from his deposit. However, the expenses are more than his deposit.

Can I also charge him the rent for Nov 2022 as he overstayed and I could not rent for Nov 2022 ?

He is asking for all the receipts of material and labor. I do not have receipts for labor that I paid through cash, such as, Cleaning Lady and Junk Removal guy. Can I claim those expenses even though I do not have a receipt?

Thanks.

--99.98.xxx.xxx




Deductions from Deposit (by plenty [MO]) Posted on: Nov 23, 2022 4:02 PM
Message:

I would charge at least for the days of NOV rent. And here is what I do when the vendor wants cash, i write a check to cash, write in the memo line for it is for and then I go to my bank, get the cash and pay the cleaning person/junk removal guy. Then you have the canceled check for the services and a memo line indicating where the cash went to... no question where the cash came from and where it went to. You can still do that now today. You can write your own receipt too. Hopefully someone else will come along with what they do in cash situation. I understand some of these dudes only work for cash and as long as I'm not paying them an amount of $600 or more, as that causes a tax form and such on accounting on their end, then I'm ok with it, as sometimes that is all the quick help you can get. But if it's over $599 then I require NO CASH, everything on the books for the accountant and the IRS. --172.58.xx.xxx




Deductions from Deposit (by MC [PA]) Posted on: Nov 23, 2022 4:05 PM
Message:

I don't provide the T with anything receipt wise. They can take me to court. My expenses are legit and I don't need the nit picking. Even if you paid cash, you should have a receipt. You can handwrite one if needed. Think about tax time-you will need to justify it there as well. I just put, for example, "screen door replacement $89". You could put "cleaning $300(or whatever).In my lease, I can charge for rent not paid. Make sure you send accounting according to your state law. If expenses are more than deposit either 1) call it a day or 2)sue for it. --73.230.xxx.xx




Deductions from Deposit (by myob [GA]) Posted on: Nov 23, 2022 4:52 PM
Message:

Alex I'd like to help but you never answered the questions that were posted about your current lease-- like did you do a walk thru prior to lease signing? did yo document any discrepancy's on a move in inspections sheet?

This tenant didn't move out even when the court gave him a date. I would hit him for th month and next due to holding over. (at least to the time of re-rent.

Did you read title 44-7 that explains when inspections need to be done? You say he stayed well into november a week you say-- so he stayed a week not well into November?

you had to clean up-- there's a shocker! did you document all the damages and compare to the move in sheet?

Alex excuse me but your asking us to do the work you should have done as a LL. That's a hard fact to take-- if your not going to do the homework why should I or others let you cheat off our papers? ALEX sell cause your not willing to put in the work to make it WORK.

Tim let me have it now...... --108.239.xx.xx




Deductions from Deposit (by Robert J [CA]) Posted on: Nov 23, 2022 5:56 PM
Message:

As a landlord, a professional in the renting game, there are some basic procedures you have to follow in order to be successful in a Small Claims or Rental Court. No one likes to be told they did something wrong, so I won't. I'm going to give you some tips for the future to improve on.

Before a tenant is going to move out OR you file for eviction, you need to do an inspection and take lots of pictures for evidence. If your tenant won't let you in, then post a 24 hour notice and show up the next day with a witness and if necessary the cops.

This is called the Pre-move out inspection. In some States it is required you offer your tenant a pre-move out inspection 2 weeks before the move out date. And you have to LIST the cost and items you play to deduct for the deposit -- giving your tenant a chance to fix things on their own. Example: The Carpet needs to be vacuumed and Shampooed. You list a $250 charge to clean the carpeting. Your tenant can rent a Rug Doctor from a Supermarket for under $35, with shampoo. SO if they do a good job, they can save your $250 carpet fee's.

Then after your tenant is out (evicted or moved), again you take pictures. Then you have to provide receipt if the total deposit deductions total over $100.

If you do not have receipt because its taking too much time to clean out the place and find contractors, you then get estimates instead of receipt and provide them to your x-tenant within 18 to 21 days.

If you did not do all of the above, you will not win in court unless your tenant doesn't show up.

The last time when I went to court to get damages, my tenant had become an attorney during his 7 years of tenancy. He knew every trick in the book and objected to everything I presented. But I had a secret plan.

I had all of my notes, pictures, receipts and advertisement to rent the apartment before this tenancy. Fixing it up to rent out. Then I had my tenants check in list where he checked every box and signed the form, everything was in perfect working order.

Then I had the pre-move out inspection showing the condition prior to him moving out. Then I had the inspection when he moved out.

Then I had all estimates to repair play the receipts and cancelled checks.

This tenant was evicted. I had pictures of the Sheriff's during the lock out. Only of their body's with their name tag and bag with number, not their faces.

In court the attorney x-tenant said that I did the damages after he moved out. The judge believed an fellow attorney. That's until I showed the judge the pictures of he apartment with the Sheriff's standing right next to the damaged areas. And the letter of possession was signed by those Sheriff's with their matching badge number.

I won this case. So much so that the judge said if my x-tenant tries to appeal the case, I should come back to his court and he would review the appeal and shoot it down. --47.156.xx.xx




Deductions from Deposit (by Still Learning [NH]) Posted on: Nov 23, 2022 6:52 PM
Message:

Have you already sent the account ring that he is already asking for receipts? If you do t have receipts, can you get them? Are the people you paid cash to ones you work with consistently? If so, explain and get receipts. I do not operate in cash. Does GA allow you to charge for your labor? Some states dont. I suggest you join a local landlord group and learn your state and local laws. --75.67.xxx.xxx




Deductions from Deposit (by Alex [GA]) Posted on: Nov 24, 2022 7:15 PM
Message:

Thank you everyone for your answers.

Thanks to myob[GA].

I did check all 44-7-xx GA Codes regarding deposit. I am reproducing them in the next thread below. To answer your questions,

1. No I did not do lease. GA accepts verbal lease and "tenant-at-will".

2. No, I did not do Move-In Inspection. I am not required by GA Code 44-7-33 and 44-7-36. Please check the thread below.

I own only couple rental units and I am not a full-time LL. --99.98.xxx.xxx




Deductions from Deposit (by Alex [GA]) Posted on: Nov 24, 2022 7:17 PM
Message:

Here are GA Codes I found regarding deposit refund,

44-7-34 Refund of Security Deposit

44-7-33 Move-in / Move-out Inspection

The move-in / move-out inspection requirement applies to landlords who owns more than ten (10) rental units.

44-7-36 Move-in / Move-out Inspection -

Landlords who own fewer than ten (10) units and who manage the units themselves are not required to follow the inspection procedures.

-------------------------------------------------------

And here are snippets from the GA LL/T Handbook. It is copied verbatim and I have not added any single word,

As a landlord what can I deduct from a tenant's security deposit?

All or part of the security deposit may be retained by the landlord as compensation for physical damage caused to the premises by the tenant, members of the tenant's household, pets, or guests. The tenant can be charged for damage caused by negligent or careless acts and for damages due to accident or abuse of the property. The landlord can charge the tenant for the loss caused by their damage.

Landlord can deduct from the security deposit unpaid rent, late charges, unpaid pet fees, and unpaid utilities which were the tenants responsibility under the terms of the lease.

If you owe more rent than the amount of your security deposit, your landlord can keep your full security deposit and sue you to recover the remaining rent.

A landlord who owns fewer than ten (10) units and did not employ a management company to rent the unit would only need to notify the tenant of his intent to keep the security deposit to cover the damages and that the tenant owes an additional amount for damages.

If the security deposit does not cover the full amount of the repair cost, the landlord can file suit against the tenant seeking to recover the amount spent on repairs.

-------------------------------------------------------

--99.98.xxx.xxx




Deductions from Deposit (by myob [GA]) Posted on: Nov 25, 2022 11:44 AM
Message:

Alex I'm busting a gut reading this.

Alex even if you did the required-- yes I said required inspection within the 3 and 5 days in Title 44-- since you didn't do a move in inspection-- what judge is going to allow you to now make a claim of damages? What do you compare it too?

When entering into a lease-- even verbal- you got nothing. You have to follow the state laws and the laws as the JUDGE SEE's IT.

Alex I don't see anything about the damages and est. against the deposit sent to tenant?

Alex I commend you for looking at title 44. Now go and sit in a dispossessary court room and find out what case law does to your written law. You are held to an almighty level.

Heard from the lips of one of our senior judges about appeals. The law says if a tenant appeals the verdict the tenant must tender the rent to the court until the case is decided. Sounds cut and dry--- no it's not. Judge tells us "I know what it says but I don't think that's what it means".

Gee how can you ague with that? --108.239.xx.xx




Deductions from Deposit (by myob [GA]) Posted on: Nov 25, 2022 11:51 AM
Message:

Alex I just re-read your last post. Your reading the HANDBOOK the gov't gives tenants? read the law and case law. --108.239.xx.xx




Deductions from Deposit (by Alex [GA]) Posted on: Nov 25, 2022 1:11 PM
Message:

myob[GA]

"Required inspection within the 3 and 5 days" applies only if the LL has 10 or more units.

I have pictures of the place; one can clearly see the damages. One can see the junk all over the place and anyone could tell that the place has not been cleaned for months. The tenant left without taking his furniture.

The technicians, the repair guys and cleaning lady who came to restore the property were horrified. I have the receipts of payments made to them and it is not a small amount. --99.98.xxx.xxx




Deductions from Deposit (by myob [GA]) Posted on: Nov 26, 2022 8:16 AM
Message:

Alex I can hear it now. Your honor Mr. Alex told me if I cleaned up the place he wouldn't charge me too much rent. This is how he gave it to me. I cleaned up when I left.

Judge to Alex-- Sir can you show me the move in inspections and LEASE? Show the court in writing what the rent and sec dep is on a contract. We'll your honor we had no lease? we had no move in inspection. Where's your accounting to the resident showing the disposition of the dep?

Judge I do have these 3 people- cleaner lady and 2 repairman-- THEY were horrified!!!!! totally horrified! Judge says to all 3 did you see this place prior to move in?

ALEX here's the real bad news: you kept the Sec deposit illegally and you now owe the tenant 3X's what you kept. OH! and Alex that goes on your court record as a judgement--- for almost ever.......

--108.239.xx.xx




Deductions from Deposit (by myob [GA]) Posted on: Nov 26, 2022 8:16 AM
Message:

Alex I can hear it now. Your honor Mr. Alex told me if I cleaned up the place he wouldn't charge me too much rent. This is how he gave it to me. I cleaned up when I left.

Judge to Alex-- Sir can you show me the move in inspections and LEASE? Show the court in writing what the rent and sec dep is on a contract. We'll your honor we had no lease? we had no move in inspection. Where's your accounting to the resident showing the disposition of the dep?

Judge I do have these 3 people- cleaner lady and 2 repairman-- THEY were horrified!!!!! totally horrified! Judge says to all 3 did you see this place prior to move in?

ALEX here's the real bad news: you kept the Sec deposit illegally and you now owe the tenant 3X's what you kept. OH! and Alex that goes on your court record as a judgement--- for almost ever.......

--108.239.xx.xx




Deductions from Deposit (by myob [GA]) Posted on: Nov 26, 2022 8:36 AM
Message:

Alex I think you are cherry picking the 44-7's to suit you.

You will notice the 10 unit or less exemptions clause does not include 44-7-34.

So your good on 44-7-34 since you have less than 10 units. Embedded in that code 34 is the requirement to do 44-7-33.

You may think I'm picking at you but I'm not. You are a LL and you need to follow this code--- whether you have 1 or 30. Do it like a pro not a mom and pop-- that will keep you moving forward in your investing.

Read very carefully the need to both sign the move in inspection so many LL's lose on that account. --108.239.xx.xx




Deductions from Deposit (by zero [IN]) Posted on: Nov 26, 2022 9:02 AM
Message:

Last page of my lease is labeled Initial Walk Through and Noted Problems.

This is where I might put that there are light stains on a certain carpet, or give a deduction on the deposit for cleaning or some such.

Would that suffice in this case? We don't seem to have the noted problems that you guys are talking about. Want to keep ahead of the curve. --107.147.xx.xxx




Deductions from Deposit (by myob [GA]) Posted on: Nov 26, 2022 1:48 PM
Message:

each room needs a place on the sheet each bath and anything you think you've been burned on before.

For example: each bdrm- has been freshly painted and no damaged wall. Windows are clean and good condition. No bullet holes or none broken. Carpets have been professionally clean and will be returned in professionally cleaned condition. All toilets and baths are clean. Mirrors and light fixtures are cleaned. Any ceiling fans-- for each room note that all lights are working and fan blades are cleaned. Kitchen-- cabinets clean and empty stove and oven clean and no grease. pull the stove out-- note the stove sides are clean with no grease runs. Vent hood is clean and grease free. Laundry room- vent hose is in place and laundry room cleaned. All lino in the home has been washed.

If carpet is new-- note that.

It's as important to have a minimum charges and fees schedule as a page of your lease that has a monetary amount for each item. My page is one full page and needs a signature. They want the light bulbs 15.00 ea, dryer vent hose 45.00.

Many here don't like billing for damages-- we do and big time. I'm not the tenants "handyman" and it's not a home depot that things get taken. My last billing was 4500.00. Why it was so large? Tenant was in a wheelchair and the carpet was brand new- he lived there 18 months and was doing donuts in the living room and tore up the carpeting with his wheelies-- skipped out with no notice so another 2 months rent collected.

IT ADDS up. --108.239.xx.xx




Deductions from Deposit (by Ray-N-Pa [PA]) Posted on: Nov 27, 2022 10:17 PM
Message:

Alex,

MYOB might sound like he is harping on you, but this isn't his first rodeo. I would feel comfortable following his advise specific to the proper way to conduct business in Ga. He is looking out for your bottom line.

Where some landlord might avoid going to see the judge, MYOB see this as an opportunity to recoup lost revenue from wrong doing by his clients. If you are following the law, the judge isn't someone you should dreed seeing. Granted, it might mean some extra hassle, but at this point, if the judge sees me - he knows that I tried to train the tenant on how to do something right and I failed at that task. My failure to train doesn't mean I did anything wrong though. From time to time, some one will try and school me. After 30 plus years, you can only do your best --24.101.xxx.xxx




Deductions from Deposit (by Alex [GA]) Posted on: Nov 27, 2022 10:35 PM
Message:

Thanks everyone.

--99.98.xxx.xxx



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