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If a tenant leaves some damage and the landlord cleans/fixes it himself, can he keep part of the deposit? Or does he have to hire someone so he will have the receipt?
For example, if he replaces the toilet, he will have the receipt for the purchase, but if he hires a plumber, he has a receipt for the toilet and the labor. If he does it himself, can he keep what he would have paid for the plumber's labor?
In other words, charging the tenant for their time and labor, thats a good question. The rental income is their livelihood, its his property to maintain and manage, whether he does it himself or hires a contractor. I don't think they should, but then, that doesn't mean they can't, so it comes down to state L/T codes.
Their charges must be reasonable but that term, legally speaking, is a range. A range of 50% more or less than the average cost of a given service is a good rule of thumb. For example if a professional plumber charges $200 for a given repair, and the LL charges $300, that is still a reasonable deduction. Reasonable is not the same thing as 'the cheapest option available'.
And they must still give you an itemized receipt of the deductions.
For example if a professional plumber charges $200 for a given repair, and the LL charges $300, that is still areasonable deduction.
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A licensed plumber went to school, your paying for his expertise,
if a plumber charged to $200. and a LL charged $300, I don't believe thats reasonable,
if I were a tenant, and you the LL we'd be in court.
A licensed plumber went to school, your paying for his expertise,
if a plumber charged to $200. and a LL charged $300, I don't believe thats reasonable,
if I were a tenant, and you the LL we'd be in court.
Going to court doesn't mean you'll win. Just because you don't like the way something is, doesn't mean it is illegal.
Also, you shouldn't assume that landlords aren't experienced or expert plumbers. Landlords often have training in building engineering and are as expert as anyone in the phone book.
An LL is required to make the repair not a profit greater than a licensed plumber. In that case, he should have contacted the licensed plumber, its cheaper, the expense is paid by the tenant, its common sense.... I'd win.
Let's see. You cause some damage to the place you're leasing. The landlord has to repair it, either by hiring a professional or by purchasing the necessary items and doing the work himself. And you're quibbling about how he goes about fixing the damage to his property that you caused and did not have repaired yourself?
Why wasn't the damage repaired before you moved out? Was the landlord informed about the damage before you moved out, and given the opportunity to repair it/have it repaired, or to authorize YOU to pay a professional to repair the damage you caused, or at least to get estimates on having it done so that you would know for sure how much it would cost to have a professional do it?
I can see these kinds of questions coming up in court. Along with, as mentioned above, what is the range that is considered reasonable, legally. (Again, not what you would like it to be, but what it is.) The landlord is not required to do the cheapest job, or hire the cheapest professional, to get a good repair done on the damage the tenant has caused. Just a reasonable one.
I agree partially with your post THL, however greater nor cheaper equal better and a cost of 50% more than the normal range for the same repair, as another poster suggested, in my estimation is unreasonable.
The LL can keep money for the work he does him self and show receipts of the purchases and bank statements that it has been paid as proof.
I'm charging my previous LL as we speak for the many hours we worked in the yard to fix everything to the level it was as the tenant moved in, which took 3 of my family members 4 hours (so we charged 3 x 4 hours x $ 10.00 per hour)...I don't think we have to do it for free and for the items we have receipts.
We also have proof of before move in, and on the day of move out to show how much difference it was...
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