8 year tenant moving out, wear and tear question (wood floors, apartment)

[rcooley13]

Hello,

My wife, myself and kids have lived in the same home for 8 years but will be moving within 30 days for a career move. We have had a Great relationship with property management. We have annual inspections, never a issue. In my 8 years living here I have never received any form of letter stating there were any issues or complaints, from inspections to drive by check-ups (i'm sure they do that). My wife and I are responsible parents and pet owners.

Now to my question. What would be considered normal wear and tear after 8 years? Normally no news is good news, but I don't want to be blindsided by something when I move out. The only thing ever said about any inspection is "Make sure to keep the refrigerator seals clean. Wipe em down" and "Make sure you dont let water boil over, see how it's creating a residue on your stovetop? And dont let stuff drip in the oven."

I dont know what a carpet should look like in a Childs room after 8 years. What should a wood floor (soft pine) look like after 8 years?

I dont know what to fight vs what is a legitimate issue (IF anything comes up, I'm somewhat always overly cautious about this sort of thing). I'm worried I'll agree to everything they say is an issue, like someone going to auto mechanic who gets more work out of someone than necessary because the customer is gullible and knows nothing about automobile maintenance.

[1200RT]

Let me say up front that I dont know how Oregon does things - however I do have rentals in other states.

Does OR have documented civil codes for withholdings of security deposits at move out? An example below from CA (page 59+)
https://www.courts.ca.gov/documents/...ants-Guide.pdf

8 years is a long time, and I'd (personally) say that many things in the unit (carpet, paint, etc) are past life expectancy for a rental. Carpet might be 10ish years depending on quality. Paint 3 years max. Damage to wood or tile flooring is another story. Appliances should obviously last longer than 8 years.

[rcooley13]

Originally Posted by 1200RT

Let me say up front that I dont know how Oregon does things - however I do have rentals in other states.

Does OR have documented civil codes for withholdings of security deposits at move out? An example below from CA (page 59+)
[url]https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf[/url]

8 years is a long time, and I'd (personally) say that many things in the unit (carpet, paint, etc) are past life expectancy for a rental. Carpet might be 10ish years depending on quality. Paint 3 years max. Damage to wood or tile flooring is another story. Appliances should obviously last longer than 8 years.

Oregon requires security deposits to be refunded unless needed to cover damages not covered under 'normal wear and tear'

Landlords are also unable to use security deposit to repaint walls and replace carpet if the walls are beyond their useful age, same with carpet. Because those items have to be replaced/repainted anyway.

[Metlakatla]

It's all common sense stuff. Normal wear and tear is something like small nail holes on walls where you've hung pictures. Large holes that have to be sheetrocked don't qualify. You should be fine if you leave appliances clean and in good working order. You should be okay as far as carpeting, but you'll likely be on the hook if there's been any damage to the subflooring.

[oregonwoodsmoke]

It's this: wear and tear is what happens to the house no matter who lives there. It isn't dirt and it isn't damage. It's stuff reaching the end of its useful life and just getting worn out,



Paint fading and no longer looking fresh after several years is wear and tear. Crayon on the walls, holes in the walls, dirt on the walls is damage, not wear and tear. Nail holes are damage, not wear and tear because they are not something that happens no matter who is living there.


Color rubbing through on linoleum near the back door is wear and tear because it would happen no matter who is living there and going in and out the back door. Cuts and tears in linoleum are damage (and it is expensive damage.)


A light switch that doesn't work is wear and tear. It just wore out. A broken switch plate is damage. Most people don't break switch plates.


Dirt and stains on carpet are not normal wear and tear. What is normal is for the tenant to do enough housekeeping to keep the carpet clean and maintained.


Aren't you gearing up for a fight way before it is necessary? You don't know that your landlord is going to try to cheat you and if you have had a good relationship for eight years, they are most likely not going to to try to cheat you as you move out.

[Metlakatla]

Originally Posted by oregonwoodsmoke

Nail holes are damage, not wear and tear because they are not something that happens no matter who is living there.

Yeah, I actually looked it up, and small nail holes that can be quickly spackled and painted over don't qualify as damage under Oregon law.

[blazenjames]

Tell property management that you will accept nothing but full return of your security deposit or you'll sue in small claims. These companies treat moveouts as a big profit making opportunity. They need threats and pushback.

[Cloudy Dayz]

Originally Posted by blazenjames

Tell property management that you will accept nothing but full return of your security deposit or you'll sue in small claims. These companies treat moveouts as a big profit making opportunity. They need threats and pushback.

That can backfire. I once knew someone who spent a lot of time cleaning his apartment, so he could get his deposit back. The management refused to refund the deposit. He sued to get it back. The managers perjured themselves in court about the condition of the apartment. Not only did this person not get his deposit back, but the judge awarded the landlord an extra months rent.

Personally I just write off my deposits, and don't ever expect to ever get them back. Yet somehow or other I always get my deposits back anyway. Except for one apartment I had many years ago, that went through a foreclosure. The bank informed all the tenants in the building that our deposits were gone.

[1200RT]

Originally Posted by blazenjames

Tell property management that you will accept nothing but full return of your security deposit or you'll sue in small claims. These companies treat moveouts as a big profit making opportunity. They need threats and pushback.

Ok

How has this worked out for you in the past? Fairly certain you've never done this - heres why:

Most lease agreements, from reputable landlords have a mediation clause, so you'd mediate, not sue in small claims. Second, most states have either civil code or case law stating what can/cannot be held back from a security deposit - so neither party can make it up as they go. Mediation (or any lawsuit) would be fairly swift. Lastly, most management companies (and even small investors) have landlord/tenant or real-estate attorneys on staff or on retainer, so your lawsuit costs them nothing, vs. costing you likely the same amount as your security deposit.

[Silverfall]

Originally Posted by Metlakatla

Yeah, I actually looked it up, and small nail holes that can be quickly spackled and painted over don't qualify as damage under Oregon law.

Yes. Oregon law allows tenants to hang photos and art on their walls to make it home. Holes that you would get from picture hangers are not allowed to be charged to the tenant. Big screw holes for like a tv mount are.

OP, after 8 years the landlord can't charge you to repaint the wall unless you have done something to the wall that requires more than one coat of paint. So if there are stains and such that require a high hiding primer, kilz, etc, then can charge you for that. Normal fading paint with normal picture holes, no charge to the tenant. Scuffs on the baseboad, but no damage, no charge. Think about it this way. If they can cover it with one coat of paint, then it is normal wear and tear.

Carpet has a 10-year life expectancy so if you have cats, for example, and they clawed the carpet by the door, the landlord cannot charge you for all of the new carpet. They can only charge you for the remaining two years. It gets depreciated. Since you have lived there for 8 years, then expectation is that the carpet is nearing the end of its life.

Most tenants fail to deep clean. Move the refrigerator, wipe the top of it down, clean the inside of the oven, clean the blinds, etc. Magic Erasers are great on trim in getting dirt off.

Wood floors are expected to have scratches, but not gouges. Gouges from dragging furniture is damage, scraches from shoes is wear and tear.

The linoleum is expected to be at the end of its life so there shouldn't be any charges for it. Tile is expected to need grout work after that length of time so there should be no charge for grout work. Chipped tiles, yes, cracked grout, no.