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It's not legal. You might get away with it, but if he argues it in court, how do you explain to the judge no receipt? No proof of doing the work. There's a reason you have to provide these things. And if you can't, you don't get the deduction. And you can end up paying punitive damages as well.
In all seriousness, it is not that big money. I'd just not charge the exiting tenant and bear the cost next year out of pocket. I just needed to get some perspective from legal standpoint.
My tenant recently left as lease was over and they had repainted a room in the house without my permission. I have deducted minimal charges for repainting the room to original colors.
Since I am deducting money from security deposit, am I obligated to paint the room now itself? or As a landlord I have discretion to repaint the room eventually at a future date?
TIA
Yes. You must do the work. Otherwise you'd be a thief. What's absurd is someone actually having to ask this.
I wonder how many of the naysayers and tut-tutters have actually spent time in small claims court either watching or being a participant in cases involving security deposit disputes ...
I wonder how many of the naysayers and tut-tutters have actually spent time in small claims court either watching or being a participant in cases involving security deposit disputes ...
Uh, some landlords never end up in court. Wonder why.
If the tenant isn't disputing the deduction I see no reason why you shouldn't take your time repainting. If it ended up in court you might need to provide receipts for paint and labor depending on how much you've deducted. I assume you're not going to re-rent the place immediately. I wouldn't sweat it.
Sidebar: I just can't wrap my head around tenants who blithely go ahead and paint without the LL's express permission. Just twice in the last 10 months I've seen (a) a laminate floor which was painted an ugly grey with cheap paint; and (b) in another house, one bedroom with walls painted dark blue/purple and a second bedroom in the same house painted deep dark red - all without the permission of the LL. Mind-boggling!
I pity the landlord who has to paint over the deep red - even with a paint coverup like Kilz, it may take about 3 coats to cover it.
I think it is reasonable for the landlord to deduct the cost of paint and labor because it would be considered "damages".. I have painted walls a particular color and didn't feel like repainting when moving out, but i paid my landlord a certain amount of money what it would take for them to repaint it. thats how i solved it.
this is as bad as people who try to sneak in pets.
I pity the landlord who has to paint over the deep red - even with a paint coverup like Kilz, it may take about 3 coats to cover it.
It did take a LOT of work! My landlords are absolutely fantastic and take really good care of their properties. The grey painted floor I mentioned earlier is in the cottage I rented from the same family. With the steal I got on the rental price and the fact that the place is totally perfect for my needs, I didn't make a big deal about it as in order to make it right the whole floor would have to be totally replaced. I found a large cover-up rug which works beautifully, problem solved!
In some states, you must have a receipt in order to take a deductions. In some states, you can take the deduction and not do the work.
Personally, I will do the painting before renting it out again. It takes me a week to screen applicants, if I happen to get a good applicant in that time period. My painter would have one room done in less than day.
Bit the bullet, waived the charged for paint. Whenever I repaint the room, it will be out of my pocket. It was never about stealing few bucks. My question was more on the legal procedure side.
I was pretty upset that tenant used self discretion to make modifications in the house without seeking permission. Someone suggested that I repaint the room to original colors, only to charge the whole thing to tenant, and then spend my own money to repaint again if I wanted diff. colors. While that would be perfectly legal thing to do, I did not want to go down that path.
if you tenant changed the colors which now cost you to repaint, then your tenant owes you that money out of the security deposit.
if you then take her painted wall, and then paint it back to white, and then repaint it to a new tenant's color - that would have to be in the lease - who bears the cost and your rules and regulations about it. it could be either's cost.
if the tenant chooses to paint your white wall her own color, the tenant bears the cost unless you provide that perk in your lease.
if you repaint the 1st tenants walls to white, since you would have taken it out of the security deposit, then you will present to the new tenant whatever color you wanted and then stipulate in the new lease with the 2nd tenant what are the rules/regulations/cost of painting.
so i think this should be written down before you each sign a lease so that everything is understood before the damage is done. even if the tenant sneaks a red paint color without your knowledge, the deduction from their security deposit should cover it.. if they have no security deposit, then you have to go to small claims court, I suppose.
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