Can We Keep Partial Pet Deposit If Damages Exceed Security Deposit?
Our condo has new paint, new carpet, and cleaned when the tenants moved in. When they moved out the condo, the carpet in one of the rooms was ruined totally (unable to be cleaned). We don't know what they did to the carpet, but it is so bad and needs to be replaced. They did not clean throughout the condo, either, so we spent 7 hours to clean it and charged the tenants with the fair hour rate $60 for two cleaning people. We also need to do some touch-up paint on all walls because marks were all over the walls. After replacements and cleaning, we only returned them $40 out of $1200 ($600 security deposit and $600 pet deposit).
We walked through with them when they checked in and out, and signed on both Check-in and Check-out Inventory Forms, which specified that the deposit will be refunded if the condo is in its original move-in condition.
They sent a letter to us and threatened to sue us if we don't give back their pet deposit. Is it worthy to go through the court in this case?
This is the first-time we managed this property. Please help us! Thank you!
if you have proper documentation and hopefully took pictures of the awful cond. of carpet,etc.... you have no problem....
I cover myself in issues like that....and at this point I would only tell them good luck and ask if they needed direction to court house to file......
Before this goes any further, check with a local real estate attorney.
In an area of the country where I have several rentals, deductions from the security deposit MUST be reimbursements for actual costs. The landlord who contributes his own time and labor is not permitted to charge for his services, only for the actual cost of any materials used.
If you did your own cleaning and painting, then you may find that your local landlord tenant laws will only allow you to deduct the cost of cleaning supplies and paint.
Of course, you should still have a case for the carpet replacement.
Consult your attorney before you do anything else.
We video taped the carpet before we replaced it so the possibility for us to win this portion is higher, right?
We did not know that we cannot charge tenants the same rate as the cleaning company is going to charge us, or we would not have spent 7 hours on it. If we can only charge them the cost of materials, then it is better off to hire someone to do it instead of wasting our time. Based on this, then we will need to return more money to them.
When you rent your property out, do you usually video tape the property when your tenant checks in as well as check out? What other things do you recommend us to do during their lease term, such as periodical checking on them?
We appreciate you for sharing your experiences and knowledge at this matter!
In some states, like Florida, you are required to notify the tenant (in writing preferably) of your intentions to impose a claim on their security deposit. Failure to do so constitutes a waiver of your right to do so. Check your state's landlord tenant laws.
J
Our condo is in TX.
Don't the contract/check-in/check-out forms always specify that the landlord has the right to deduct partial deposit for cleaning or replacement once the tenants do not clean the place or break something when they check out?
You are asking questions we can't answer at this point. Your contract language and your local landlord tenant laws will determine what you can do.
Consult your attorney for further guidance. Since you have been threatened with a lawsuit, your attorney should have been consulted yesterday.