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August 29, 2009
Security dep. deductions
I would like to ask for the opinions of fellow landlords in this matter.
My tenants just moved out after less than 2 years (21 months)in the apt. When they moved in apt. was absolutely new. We gut renovated the whole bulding. They were the first tenants in the apt. We had it clear from the begining that apt. has to be left thoroughly cleaned and damage free (have a separate rider to the lease). When they moved out the kitchen countertop was gamaged by water overflowing(I guess), it was also warped. The wall they hanged they TV had four wholes (about 1 inch in diameter each) plus 2 feet long deep scar. Also some water damage under the window sills on the wall. The glazing on the top of the bathtub was severely damaged.
But the worst think was the filth. We had to use acid to clean the bathroom floors and tiles, stove and oven took 5 hours to clean with 3 applications of Easy Off, all the kithen cabinets were dirty inside and out. All the doors in the apt. had to be repainted because they were beyong cleaning. We replaced the countertop, repaired the walls, painted almost all of the walls and windowsills, cleaned everything. I deducted 490.00 for the damage and cleaning from the sec. deposit. I e-mailed them pictures of the damage and itemized account of the deductions. But tenants are disputing the deductions saying it was normal wear and tear and they cleaned the apt. They did hire the cleaning lady who spent in the apt. 4 hours picking up trash and cleaning fridge after the moved out. For cleaning everything else she said she was not going to do it because it's too much. In all the repair of the damage cost twice the amount, but we only charged them for work that was done by repairman. For repairs that we did ourselves (took almost a week of hard labor)we didn't charge them. Any thoughts?
Comments
I think you are in your right to keep part if not all the security deposit. The deposit is for damage that's more than basic wear. I hope you took photos. Be happy that they left now.
Posted by: Rick at August 29, 2009 4:20 PM
How does a kitchen counter get warped by water overflow and not cause catastrophic damage else where. If it was made properly no swelling or warping would of happened. That's a lot of water.
Try painting the doors with high gloss enamel instead of Behr's ceiling white. Then they can be cleaned.
Posted by: modsquad at August 29, 2009 4:43 PM
How would you know it was Behr's ceiling white? If water is never whiped off the counter top and stands there for days -that's how. The same exact countertop is in the second apt. in the buiding and it's perfectly fine. So what is your point Modsquad?
Posted by: gale at August 29, 2009 8:25 PM
You're allowed to deduct the $490 you were charged to fix and clean the place.
It doesn't matter if the tenants hired a cleaning lady, if the place still wasn't clean.
I'm a landlord and usually I don't take any deductions, but what you're describing is well beyond normal wear and tear.
Some people are just jackasses. The worst that can happen is that they sue you in small claims court and you're told to reimburse them some of the monies you withheld.
You're in the right. The tenants are jerks who should be taught a lesson.
Posted by: IronBalls at August 29, 2009 8:31 PM
Sounds like you are in the right - $490 sounds cheap for all the repairs you've had to make (not to mention the time spent). Sorry that your ex-tenants were so irresponsible!
Posted by: cgtenant at August 29, 2009 10:20 PM
Your former tenants should be happy to get back any amount of their deposit. If I were you, I would have kept more than $490.
Posted by: InsertSnappyNameHere at August 29, 2009 10:21 PM
You're definitely in the right just for the holes in the wall you described. The other damage could possibly be called dirtiness or normal. I think you should find another countertop material if you have seen that much damage from water.
$490 is cheap. People have no idea how expensive repair work is.
Posted by: corolla at August 31, 2009 8:20 AM
i agree with "InsertSnappy...". I would've given less back to them. You would think that when people move into a brand new apartment that they would be a little
cleaner than their normally dirty selves. lots of jackasses out there.
Posted by: CGmodern at August 31, 2009 3:24 PM
Agreeing with the rest, I would have kept a lot more of the deposit.
Posted by: vanburenproud at August 31, 2009 5:32 PM
Normal wear and tear? Hard to imagine. I've rented places with cheap countertops and good countertops. Never had one warp so I can only imagine what these people were doing. Huge holes are not normal wear and tear, or 2 foot gashes in the wall. Severely damaged tub finish? I have seen tubs over 100 years old that were still perfect. Your tenants must have been using a combination of acid and sandpaper bubblebath. Agree with everyone else- you should have kept more of the deposit.
Posted by: bxgrl at August 31, 2009 6:15 PM

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