Tenant causes more damage than Security Deposit (rental, homes)

Packrat1 · 02-11-2012, 12:54 PM

Just had a tenant move out who really did a number on the my rental home. Dog destroyed the outdoor lights, irragation, and plants. (in excess of the $500 pet deposit) Inside the family trashed the interior, broke the microwave door, dryer door, broke the Rainsoft water softener, ect.. Also left is really dirty as well as significant sheetrock damage. They actually did pay their last months rent and had a security deposit on file. Now they want their security deposit, pet deposit and cleaning deposit back. They also left a lot of junk around the house. I got rid of most of it with a $10 ea tip to the garbage men.

My damages as well as extensive cleaning certainly exceed the security deposit and I have receipts to prove it. Can I charge them out of the security deposit for my time to clean and repair as well as my wife's or is that time just "on the house". Also what if the damages exceed the Security deposit? Theoretically can I counter sue for that damage above and beyond the security deposit should they take me to small claims court over their security deposit? I used reasonable contractors whose rates were fair and took photos of the damage.

I would have much rather given them back their deposit but the husband and wife were splitting up and each didn't want to lift a finger to clean the home. They both now are renting other homes in my area and still both work full time. I really am not looking to get any more from them but I really feel they should not get their security deposit back with the verified receipts for the work I have.

Any thoughts? Thanks.

airics · 02-11-2012, 01:32 PM

You need to send them an itemized list of everything (including cleaning - don't list family as cleaners) subtract the deposit from the amount in which would still be a negative and demand payment of the balance within 10 days. Take them to court. They have jobs, list both as defendants, you can garnish

Jalhop · 02-11-2012, 02:39 PM

When I won in small claims court, the doc to garnish was ~30 pages thick. Instead I signed a postcard that came unsolicited in the mail from a debt collection company and got a check for 50% a few months later. I wouldn't go to small claims for less than $500 unless it's on principle.

ladyat63 · 02-11-2012, 04:29 PM

You need to charge a larger amount for a security deposit next time you rent your place. That will help you if you should have this problem again.

WestieJeff · 02-11-2012, 04:34 PM

You'll have to sue them for any amount above and beyond their security deposit. I expect you'll have a hard time collecting for your own time since that's unverifiable. A friend of my who rents has a standard chart of charges which the tenants sign up front. For example, "replacing burned out light bulb, $5), "minimum charge to clean pet stain $100", etc. It's a little easier to argue your case for charges with something like that.

At a minimum, if I wanted to charge for my own time, I would have two written estimates to back up the dollar amount you're asking to charge for your own time.

Packrat1 · 02-11-2012, 04:54 PM

I am less interested in actually going to court as I am learning how to do it better next time. Having a chart that shows costs for damages is a great idea. I did see one not sure if the prices are actually realistic but the list is free.
http://www.thelpa.com/free/charges.pdf

von949 · 02-12-2012, 12:27 AM

I have been in your shoes before twice. To make things much easier in the future do some of these things.

1. Take lots of before and after photos.

2. Increase your pet deposit

3. Increase security deposit. Make it separate from pet deposit.

4. If tenants cant afford the $500 security deposit, increase it to $800 or more and let them pay in installments. Its almost like they will be paying "interest" for not paying the entire fee up front. My tenants always agree to it. They see it a s a "better" deal.

5. Take some video footage of the before and after if you have the time. Also visit the property periodically(monthly) if possible and snap a pic or vid to document up to date property conditions.

6. Periodically always ask if there is anything that needs to be fixed/repaired/replaced in the home so you can take care of it right away. This gathers intel without invading their privacy. If they say "no" every time, then you have a leg to stand on when they move out and there are things all over the home is destroyed. Either everything broke within the window of the last time you asked or they were lying the last time you asked. Either way, it wont be considered normal wear and tear.

7. Definitely send that detailed itemized list to the tenants every time right away. Like what Airics posted above.

8. The standard chart of charges is a must BEFORE the lease is signed. Like what WestieJeff posted above.

Sounds like a lot of work just to rent out a place but it saves on a big headache after the move out and for the protection of the owner. Makes going to court even easier also. Hiring a property manager is not the answer because they wont do half of the stuff listed above.

Its your investment, gotta do it all yourself.

Willy702 · 02-12-2012, 01:42 AM

Most tenants know what they did will cost them and treat returned security deposits like they are found money since they almost always have dished out money for a new place before you return their deposit. Since you say you dont want money beyond keeping the deposit just send them a document which shows they went over the dposit amount with clear documentation of particular damages and I'd say there is at most a 2% chance they fight it. They want to go to court about as much as you do.

ScoopLV · 02-12-2012, 11:42 AM

Quote:

Originally Posted by von949

6. Periodically always ask if there is anything that needs to be fixed/repaired/replaced in the home so you can take care of it right away. This gathers intel without invading their privacy. If they say "no" every time, then you have a leg to stand on when they move out and there are things all over the home is destroyed. Either everything broke within the window of the last time you asked or they were lying the last time you asked. Either way, it wont be considered normal wear and tear.

My aunt writes this into the lease -- she can inspect all plumbing fixtures for leaks quarterly. She explains this away by saying that an upstairs sink leaked and caused thousands in damage on the first-floor roof.

Basically, she just wants to see her property 4x per year, and "plumbing leaks" is a nice, easy, legal way to do it.

Shadowsjax · 06-03-2018, 04:32 PM

Tenant here on verbal mo to mo is leaving on rent day.no notice. Got drunk scared me over me asking turn it down pls.refuses all oral agreement.refused to sign a lease.doesnt he have to give notice?demands dep. But damage which he n dog caused is greater.have pics.have court docs to deliver day b4 rent due on june 5th.will need cop to witness n make him sign even though hes leaving so i dont need to evict.since hes just leaving??help on ssdi leaves me broke n no time $ to rerent.which financially destroys me! PLS HELP