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Old 05-15-2018, 10:28 PM
 
1,663 posts, read 1,579,368 times
Reputation: 3348

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Quote:
Originally Posted by MrRational View Post
I think you would have a hell of a nerve to even try.

Not that their actions didn't create the damage but that you knew so little
of what was going on with your property. Irresponsible owners don't get a pass.
100% wrong. Tenant is responsible for damage, regardless of when it occurred.
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Old 05-15-2018, 11:10 PM
 
Location: North Idaho
32,647 posts, read 48,028,221 times
Reputation: 78426
Yes, OP., that is tenant caused damage. You can charge them for 100% of the cost of repairing the chewed up posts.

The tenant doesn't get to tell you how much you are allowed to charge for damage.

If it goes to court, you will need to show receipts and photos.
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Old 05-16-2018, 05:08 AM
 
Location: Florida
23,173 posts, read 26,194,030 times
Reputation: 27914
Quote:
Originally Posted by MrRational View Post
I think you would have a hell of a nerve to even try.

Not that their actions didn't create the damage but that you knew so little
of what was going on with your property. Irresponsible owners don't get a pass.

Sorry MrRational, that's not rational.
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Old 05-16-2018, 05:21 AM
 
Location: Bloomington IN
8,590 posts, read 12,344,993 times
Reputation: 24251
Tenants always think repairs cost much less than they do. Replacing stair parts isn't as easy as replacing worn flooring or cleaning up a dirty place. I suspect stair parts aren't one of those things that have to be prorated and depreciated for wear like carpet. Stairs should last the life of a house.

Hope you have before/after pictures.
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Old 05-16-2018, 06:56 AM
 
Location: Central Virginia
6,560 posts, read 8,391,660 times
Reputation: 18794
OP, that is damage and yes, you can deduct the cost to repair/replace from the tenant's security deposit. You're on the clock, so make sure you're following your state laws for deductions.
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Old 05-16-2018, 09:01 AM
 
73 posts, read 37,786 times
Reputation: 89
Thank you all. Somehow I couldn't attach pictures. I found the MO state laws re security deposit and I think we are good. I have other things that I can itemize that would go against the deposit if the tenants contest the stairs repair. Ugh it is frustrating! Definitely not going to be in the rental business.
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Old 05-16-2018, 10:42 AM
 
Location: San Diego, CA
3,545 posts, read 6,031,922 times
Reputation: 4096
Quote:
Originally Posted by MrRational View Post
I think you would have a hell of a nerve to even try.

Not that their actions didn't create the damage but that you knew so little
of what was going on with your property. Irresponsible owners don't get a pass.
What? The tenant caused damage *well* beyond normal wear and tear. That's literally exactly specifically the very definition of what security deposits are for.
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Old 05-16-2018, 11:01 AM
 
Location: Central Virginia
6,560 posts, read 8,391,660 times
Reputation: 18794
Quote:
Originally Posted by aodizon View Post
Thank you all. Somehow I couldn't attach pictures. I found the MO state laws re security deposit and I think we are good. I have other things that I can itemize that would go against the deposit if the tenants contest the stairs repair. Ugh it is frustrating! Definitely not going to be in the rental business.
So either deduct those from the security deposit as well or forget it. Don't add those on only if they contest the cost of repairing the railing. If you go to court, a judge would not look on that favorably.
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Old 05-16-2018, 12:01 PM
 
73 posts, read 37,786 times
Reputation: 89
Quote:
Originally Posted by HokieFan View Post
So either deduct those from the security deposit as well or forget it. Don't add those on only if they contest the cost of repairing the railing. If you go to court, a judge would not look on that favorably.
I was thinking of listing them all at once so that they know that it's not only the stairs but the stairs will already be over the $1500. We don't plan to charge them for anything over the $1500 although it was stated in the lease. "In the event the security deposit is not sufficient to correct or repair the damage or restore the loss due to Tenant's non performance, then Tenant agrees to pay such additional amount upon notification of the dollar amount." It is just too much headache dealing with it.
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Old 05-16-2018, 01:10 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,238,018 times
Reputation: 4205
Quote:
Originally Posted by aodizon View Post
I was thinking of listing them all at once so that they know that it's not only the stairs but the stairs will already be over the $1500. We don't plan to charge them for anything over the $1500 although it was stated in the lease. "In the event the security deposit is not sufficient to correct or repair the damage or restore the loss due to Tenant's non performance, then Tenant agrees to pay such additional amount upon notification of the dollar amount." It is just too much headache dealing with it.
I would list everything and send the bill. You don't have to pursue this bill in court if you don't want but they might actually pay it. I've had tenants pay bills that were less than $100 after a few years had passed. It always shocks me when I get a check after a couple years and don't get a reference call to follow that up with but it happens.
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