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hi,
so my renters left a couple of weeks ago. they were renting from me for about 10 months (term of the contract). during this time, a number of minor fixes were made (door knob, shower valve, etc.) and things were good/ok between us.
they paid the rent late (3 days late) two of the months, and i politely reminded them that it's important to get it to me on time, as the contract states that there will be a 10% late fee and 3 dollar a day for late payments....but i really didn't have any intention of collecting that from them.
so, long story short, when we were doing the walk through, i noticed a couple of tiles broken in the kitchen, a couple of bulbs missing, and the fridge a bit dirty.
he said that he will fix/replace the tile himself and i told him that i will call him.
i don't want him doing it because it's not what he does for a living and i'm afriad he might mess up. i want to tell him that it'll cost about 150 for the tiles to be repared (3 estimates i got) but i know he will throw a fit.
what's your opinion about this?
what should i do?
should i be persistant? should i remind them of the roughly 300 dollars i can legally collect from them if i choose to? (am i right on this?)
Tenants should be told basically that when the move out inspection is done, any remaining cleaning or repairs will be ordered by the landlord and the cost of which deducted from their deposit. What is the state law about returning deposits? Better get it done before your time runs out and you have to return it all regardless of any damage or cleaning. Be sure to include a copy of the actual invoice for charges with their statement.
This is a business transaction and other than being reasonably polite and courteous don't worry so much about someone "throwing a fit".
In my State Tenants have the right to request a pre move out inspection to go over concerns either party may have... I think it's a good idea and something I've offered for years...
They only get one bite of the apple... once they move, the window has closed...
I have made exceptions a few times when tenants have left extra trash behind (Outside)... I will tell them it needs to be gone by the morning or I will have a hauling service remove it and the minimum is $150...
Have the work done and deduct it from the Security Deposit and return the balance...
Be sure to provide documentation for all deductions...
Your loosing revenue each day your unit is vacant... either have it repaired or decide to live with it.
I only deduct for repairs made and unpaid rent if applicable...
California law provides a 21 day window to return a security deposit and/or provide documentation for any amount withheld. If I fail to meet the 21 day window... the entire deposit must be returned.
Last edited by Ultrarunner; 10-13-2009 at 01:09 PM..
Reason: Edited for clarity.
Have the work done and deduct it from the Security Deposit when you return the balance...
Be sure to provide documentation for any deductions...
Your loosing revenue each day your unit is vacant...
????
how can i justify deducting the daily value of my unit being vacant? i'm not sure i understand.
also, what if i don't want to fix the tiles? can i charge him the 150 based on the estimates i've gotten and fix later? (in 6 months or whenever?)
also, do you recommend me charging them for the late payment penalties? we never really discussed it but i have copies of the checks that they paid and the dates on them are past the date they were supposed to pay me. or should i let that go if they don't give me trouble on the tile issue?
????
how can i justify deducting the daily value of my unit being vacant? i'm not sure i understand.
also, what if i don't want to fix the tiles? can i charge him the 150 based on the estimates i've gotten and fix later? (in 6 months or whenever?)
also, do you recommend me charging them for the late payment penalties? we never really discussed it but i have copies of the checks that they paid and the dates on them are past the date they were supposed to pay me. or should i let that go if they don't give me trouble on the tile issue?
I think he meant the longer you wait to repair the tile and get the rental ready to rent again, you are losing money.
Don't charge the late penalties after the fact, thats being petty in my opinion. if you had charged them the month they were late then good for you, if not, then don't.
By most Landlord-Tenant acts, you have to show receipts for money you deduct from security deposits.
I think he meant the longer you wait to repair the tile and get the rental ready to rent again, you are losing money.
Don't charge the late penalties after the fact, thats being petty in my opinion. if you had charged them the month they were late then good for you, if not, then don't.
By most Landlord-Tenant acts, you have to show receipts for money you deduct from security deposits.
i see.
so you mean that i would have to provide proof that i fixed it, then attach that as a receipt when deducting from deposit. got it.
if they don't throw a fit and/or cause me headache when i tell them that they can't fix the tile themselves, then i'm ok with not charging them the late fee, or cleaning the fridge, or replacing the light bulbs. i'll take care fo those myself. it's not a big deal. i just know for a fact that when i tell them about the tiles (that i want a professional to do it instead of them), he will be upset and say that it's not fair and that i can't do that and etc.
at which point, i plan on reminding him that i feel more comfortable that way and by the way, i didn't charge you guys late fee for those two late checks.
My policy is to list all damages... whether I charge the tenant or not...
A long term tenant had some very bad stains in the carpet from her Grandson's juice... I noted it on the move-out and refunded her the entire deposit because I was going to Hardwood...
I could have made the case for damage and then pro-rate for useful remaining life... she was a very good tenant...
Since then she has referred two excellent tenants... so I see it as a win/win.
What is the law regarding Security Deposits in the jurisdiction where the property is located?
My policy is to list all damages... whether I charge the tenant or not...
A long term tenant had some very bad stains in the carpet from her Grandson's juice... I noted it on the move-out and refunded her the entire deposit because I was going to Hardwood...
I could have made the case for damage and then pro-rate for useful remaining life... she was a very good tenant...
Since then she has referred two excellent tenants... so I see it as a win/win.
What is the law regarding Security Deposits in the jurisdiction where the property is located?
How many days since move out?
How much Security Deposit are you holding?
13 days since move out. i mentioned the broken tile on the day he was moving out and he insisted that he fix it. and i said i will call you.
i have 2 weeks to return their deposit of 1400.
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