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Old 10-08-2019, 07:15 PM
Status: "Hard Money Lender " (set 14 days ago)
 
293 posts, read 65,492 times
Reputation: 545

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Quote:
Originally Posted by zinke View Post
The carpet is 4 years old.
Hmm, so the carpet only has 20% of its useful life left at least as far as depreciation is concerned. I am not sure how hard I would pursue that if the tenant really puts up a squawk. My initial position would be to assess damages, be polite and businesslike and hold firm. See how hard the tenant wants to push it.
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Old 10-08-2019, 07:35 PM
 
Location: Salem, OR
14,155 posts, read 33,409,264 times
Reputation: 13182
Quote:
Originally Posted by Spokaneinvestor View Post
Hmm, so the carpet only has 20% of its useful life left at least as far as depreciation is concerned. I am not sure how hard I would pursue that if the tenant really puts up a squawk. My initial position would be to assess damages, be polite and businesslike and hold firm. See how hard the tenant wants to push it.
In Oregon failing to maintain the landscaping and pet damage are things you can deduct from the security deposit, but you can't just pick a random number. OP, you need to have a carpet company come out and quote the repair and that is the amount you can deduct. You can deduct your time to clean up the landscaping at a "reasonable rate." So you need to know the going rate for landscape cleanup in your area.

I strongly suggest that you take the Landlord Bootcamp class that is 3 hours long that is done by the Oregon Rental Housing Association. You are going to get yourself into trouble if you don't. I strongly suggest that you use a form created for Oregon by Oregon attorneys.
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Old 10-08-2019, 07:51 PM
Status: "Hard Money Lender " (set 14 days ago)
 
293 posts, read 65,492 times
Reputation: 545
Quote:
Originally Posted by Silverfall View Post
In Oregon failing to maintain the landscaping and pet damage are things you can deduct from the security deposit, but you can't just pick a random number. OP, you need to have a carpet company come out and quote the repair and that is the amount you can deduct. You can deduct your time to clean up the landscaping at a "reasonable rate." So you need to know the going rate for landscape cleanup in your area.

I strongly suggest that you take the Landlord Bootcamp class that is 3 hours long that is done by the Oregon Rental Housing Association. You are going to get yourself into trouble if you don't. I strongly suggest that you use a form created for Oregon by Oregon attorneys.

The problem with pursuing pet damage to carpet that 80% depreciated is that you arenít going to get much for the damage so your time versus reward may not in the LL favor. In WA, a judge will look at useful life of the damaged item and then make a decision based on the remaining value. OR is probably even more tenant friendly given its latest state wide rent control law.
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Old 10-09-2019, 01:48 AM
 
11 posts, read 2,666 times
Reputation: 15
Quote:
Originally Posted by Silverfall View Post
In Oregon failing to maintain the landscaping and pet damage are things you can deduct from the security deposit, but you can't just pick a random number. OP, you need to have a carpet company come out and quote the repair and that is the amount you can deduct. You can deduct your time to clean up the landscaping at a "reasonable rate." So you need to know the going rate for landscape cleanup in your area.

I strongly suggest that you take the Landlord Bootcamp class that is 3 hours long that is done by the Oregon Rental Housing Association. You are going to get yourself into trouble if you don't. I strongly suggest that you use a form created for Oregon by Oregon attorneys.
Well I do appreciate your suggestion and will definitely check it out.
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Old 10-09-2019, 09:46 AM
 
Location: Loudon, TN
6,199 posts, read 5,099,944 times
Reputation: 21287
Is it worth the hassle really for $200 of carpet damage? As a LL, we decided we didn't want to continue to waste our mental energy to fight over a similar amount with our tenant. I don't know if there is renter's court in Oregon, or if it would be small claims court, but just having to take the time to go to court over something like this is not worth my time. My time and mental peace is worth more than $200. You may feel differently. We sent the bill, he refused to pay, we sent a letter to him withholding any positive feedback and references.
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Old 10-09-2019, 10:52 AM
 
10,348 posts, read 4,850,922 times
Reputation: 13551
Quote:
Originally Posted by TheShadow View Post
Is it worth the hassle really for $200 of carpet damage? As a LL, we decided we didn't want to continue to waste our mental energy to fight over a similar amount with our tenant. I don't know if there is renter's court in Oregon, or if it would be small claims court, but just having to take the time to go to court over something like this is not worth my time. My time and mental peace is worth more than $200. You may feel differently. We sent the bill, he refused to pay, we sent a letter to him withholding any positive feedback and references.

This is probably the best approach. Just write off this small amount and learn a lesson to use local leasing forms and put everything in writing.
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Old 10-09-2019, 02:02 PM
 
Location: Salem, OR
14,155 posts, read 33,409,264 times
Reputation: 13182
Quote:
Originally Posted by Spokaneinvestor View Post
The problem with pursuing pet damage to carpet that 80% depreciated is that you arenít going to get much for the damage so your time versus reward may not in the LL favor. In WA, a judge will look at useful life of the damaged item and then make a decision based on the remaining value. OR is probably even more tenant friendly given its latest state wide rent control law.
I am a landlord too so I'm familiar with Oregon laws. You can recoup the cost to repair the cat damage to the carpet. Personally, I have zero carpet in my rentals because I don't want to deal with the damage to the carpet, but the OP can recoup. They can't make up a number though. There has to be a real accounting of the amounts.
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Old 10-09-2019, 02:21 PM
Status: "Hard Money Lender " (set 14 days ago)
 
293 posts, read 65,492 times
Reputation: 545
Quote:
Originally Posted by Silverfall View Post
I am a landlord too so I'm familiar with Oregon laws. You can recoup the cost to repair the cat damage to the carpet. Personally, I have zero carpet in my rentals because I don't want to deal with the damage to the carpet, but the OP can recoup. They can't make up a number though. There has to be a real accounting of the amounts.
I didnít say a LL can not recover pet damage to a carpet. I stated that a LL can indeed recover damages but the damages will be considered in light of the remaining useful life of the carpet. This pertains to WA only. WA is tenant friendly but I suspect OR is even more so.
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Old 10-09-2019, 05:15 PM
 
11 posts, read 2,666 times
Reputation: 15
Quote:
Originally Posted by Silverfall View Post
I am a landlord too so I'm familiar with Oregon laws. You can recoup the cost to repair the cat damage to the carpet. Personally, I have zero carpet in my rentals because I don't want to deal with the damage to the carpet, but the OP can recoup. They can't make up a number though. There has to be a real accounting of the amounts.
then if it took me two days over the weekend to clean off the yard because it is totally neglected over 14 months, could I deduct my labor from the security deposit?
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Old 10-09-2019, 08:34 PM
 
8,665 posts, read 7,879,088 times
Reputation: 8217
Quote:
Originally Posted by zinke View Post
then if it took me two days over the weekend to clean off the yard because it is totally neglected over 14 months, could I deduct my labor from the security deposit?
Quote:
A landlord is not required to repair damage caused by the tenant in order for the landlord to claim against the deposit for the cost to make the repair. Any labor costs the landlord assesses under this subsection for cleaning or repairs must be based on a reasonable hourly rate. The landlord may charge a reasonable hourly rate for the landlord’s own performance of cleaning or repair work.
https://www.oregonlaws.org/ors/90.300

As far as the carpet goes:

Quote:
It’s well settled that replacing an entire carpet in a rental property is an improvement, not a repair. In contrast, mending a hole in a carpet is a currently deductible repair....If the carpet is tacked down, it is classified as personal property and is depreciated over five years. But if the carpet in a residential rental property is glued down, it is considered to be part of the building structure and must be depreciated over a whopping 27.5 years. Today, most carpets are tacked down, and qualify as personal property with a five-year deprecation period.
https://www.nolo.com/legal-encyclope...-homeaway.html

This is why I replaced all carpeting with hardwood flooring in my rental properties.

Last edited by Informed Info; 10-09-2019 at 08:45 PM..
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