I had a 10 year tenant move out. One of the few tenants I have "encouraged" to move out. The worst housekeepers I have ever seen. Final straw was when plumber told me bathroom floor was in danger because closing the shower door was I guess just too much trouble for them.

My "damage is well above the security deposit". These are my questions, first I let them stay so long because they paid the rent on-time and I figured the damage was already done. Also never seemed like aq good time for a major project. (I KNOW I normally do in home visits, but the market was very soft (yes they made excuses when I suggested it) at the time and i weighed it against months of vacancy.

Fast forward 10 years. Do I take them to court? Remember this was a 10 year tenancy, so normal wear and tear along with depreciation will play a very big part. Easy to argue that most of the damage was done to items which were close to the end of their lifespan. I want to maybe (but afraid anything in writing could backfire ) say if you contest me keeping all of your securty deposit I will counter sue for all of my damages. FYI...wife works in property manangment, so she knows the deal. For what it was worth I got 10 years of market rent (on the high end) and they were easy to deal with. I feel that if i had had normal turnover (not a 10 year run, it would have cost me the same and been more of a hassel. Thoughts on how to proceed. I do plan to keep the entire security deposit....lots of damage.

In California, landlords must offer a Pre Move-Out inspection, 2 weeks before your tenant moves out. During that inspection, the landlord takes notes and pictures of "Damages" that will be deducted from the security deposit.

In my case ease time I did a simi-annual inspection, one of the tenant was always taking a bath. During the pre move-out inspection, I demanded to see the bathtub empty. And there it was, a crack in the bathtub finish. Re-glazing a tub is not an option. It only lasts a few months. I needed to replace the bathtub.

SO I sent my tenant a letter with pictures of the bathtub before they moved into the unit, with a time and date stamp, and the last picture with a deep crack. I sent along three estimates to have the bathtub replaced.

Estimate #1, remove the old tub and tile surroundings and replace it with a replacement fiberglass tub and surroundings. Removal and hauling away old tub, tile and cement walls $750. New tub and walls (Home Depot) $895.

Labor to install new walls, plywood and vapor barrier $900. Total $$2,500.

Estimate #1, remove old tub, tile walls and cement. New shower manifold, plywood, vapor barrier. Metal Tub and re-tile walls. Total Parts, labor and hauling $4,995.00.

Estimate #3. Cut the bottom 2 rows of tile to remove tub. Install new metal tub and re-tile the 2 rows of tile. Estimate $1,600.

My tenant refused to pay the $1,600, or $2,500 or the almost $5,000. They moved out WITHOUT even getting a single estimate. So I did not return their $1,000 deposit and submitted a bill for the "Estimated Repair", picking the middle price, $2,500.

Then after doing the rest of the upgrades, I hired a tile/plumber and had the tub and walls replaced with the exact same style/grade. I then took my tenant to court.

The Judge and Tenant said, they will not pay my estimate of $2,500. They will only pay the exact amount I paid. So I showed them by the time was all done, my cost was $6,200. And I had the bill, cancelled check and my tile guy.

I'd just document the damage, send an accounting of where the security deposit went and call it day.

You probably need to be focused on rehabbing the house and getting it re-rented. Tenants are going to be tenants and are going to be rough on things. Do your best to find some new tenants that will take care of your renovated house.

Rotted out floors is not wear and tear.

No need to sugar coat your security damages paperwork.

Get pictures and true estimates of the repair and replacement costs. Follow the rules as far as timing is concerned.

I am on the downward end of a full rehab from an eight year tenant who smoked heavily and never, ever cleaned anything. Including her body it seems.

When the mail lady mentions that the smell was bad when she walked by you know something was up.

I too knew it was bad in there, but she had been there a long time and the damages were already done. Well, she gave me one weeks notice and moved out of town for a new job.

As I continue to replace things in the apartment I realize that had I either tried to stop her antics or just had her leave I would have been better off.

If nothing else it would have been less drama.

I will not do this again. I have learned better and it has been a costly mistake. Both in time and money.

Bathroom floor "in danger". In danger of what?

Needing new sheet vinyl & caulk, or in danger of the tub & toilet falling through?

Laura, what I have done is create the Security Deposit accounting, charging for everything applicable, and at the end it is either a plus (refund) or minus (money due.) Send.

They won't pay you money due, most likely, but they will see why they are not getting a refund.

A 10-year tenant who pays the rent can still clean. A 10-year tenant who pays the rent does not have to destroy the bathroom floor.

Do not threaten them that if they contest you will counter sue. No good comes from that. Instead always build your case for if they do come back at you. If you are willing to walk away from what they owe for damages then just account for everything showing it is over the amount of the security deposit and don't chase them for money owed. If you don't have all the information yet, still list all of the damages and in the monetary column put something like no price yet or not billed at this time. Here are examples from one I did:

October - lease broken, may or may not be rented $ no price yet

Removal and installation of microwave $ no price yet

New Hot Water Heater Closet Door $ no price yet

Hours spent on carpet/padding removal, drywall removal, mildew mitigation, cleaning of mildew, emptying dehumidifier, running ozone machine, painting/full clean still needed $ no price yet

Even for something that doesn't have a monetary amount, still list it (smoke detector tampered with - battery disconnected and circuit breaker turned off -

and then put $ no charge, working again

Do not threaten them that if they contest you will counter sue. No good comes from that. Instead always build your case for if they do come back at you. If you are willing to walk away from what they owe for damages then just account for everything showing it is over the amount of the security deposit and don't chase them for money owed. If you don't have all the information yet, still list all of the damages and in the monetary column put something like no price yet or not billed at this time. Here are examples from one I did:

October - lease broken, may or may not be rented $ no price yet

Removal and installation of microwave $ no price yet

New Hot Water Heater Closet Door $ no price yet

Hours spent on carpet/padding removal, drywall removal, mildew mitigation, cleaning of mildew, emptying dehumidifier, running ozone machine, painting/full clean still needed $ no price yet

Even for something that doesn't have a monetary amount, still list it (smoke detector tampered with - battery disconnected and circuit breaker turned off -

and then put $ no charge, working again

You get only what you inspect. If YOU elected to accept what they were doing for all those years without intervening, what do you think the judge is going to think? I am inclined to believe they will say that you allowed the tenants' standards to be considered acceptable by repeatedly overlooking items that should have been corrected.

I don't know, Ken, I think some judges would understand that a Landlord might just want to be done with something and is willing to take less money to let it be finished.

But if the Tenant won't go away, very well, I want everything I was really due. I tried to give you a break, but you wanted to keep it going, so for that time and trouble, I want my money.

FYI...I have counter sued when a tenant (a lawyer) took me to court for not returning all the security deposit (FYI I won about $30 as i recall) . In my state Maryland, on the form you get when you are noticed of the lawsuit, it has a section you can fill out to counter sue.

FYI...I have counter sued when a tenant (a lawyer) took me to court for not returning all the security deposit (FYI I won about $30 as i recall) . In my state Maryland, on the form you get when you are noticed of the lawsuit, it has a section you can fill out to counter sue.

$30?

I would just bill them.

I don't think it costs anything when you countersue around here. I have not gone thru with that so I am not positive.

Unfortunately I would have to take a lawyer with me so the counter suit would include his fees as well.

Ray, that is very sound advice about getting what you allow. I have learned my lesson but the sins of the past are still haunting me on this rehab.

Congrats on a decade with no vacancy!

Now you can spend your time squeezing blood from a stone

OR

Spend your time flipping the unit and re rent.