Re: Deposit - Landlord Forum thread

Re: Deposit by OH LL (the first) (OH) on October 31, 2009 @12:37

You should have prorated the carpet charges:
-charging for 4/5 or 6/7 of the ruined bedroom of carpet (depending on whether you use 5 or 7 yrs for depreciation. Most LLs use the replacement costs when they calculate depreciation, and they use 7 years.)
-charging for 1/5 or 3/7 of the dining room & living room carpet
-got a carpet cleaner's statement to say the carpet in the rooms above was beyond cleaning and was ruined. Also to attest to the smell in other carpet and why it was necessary to clean it. But you say you have photos so this should be good to prove it was ruined.
-charged for the cleaning of any other carpet in the house
-had someone else clean ducts so you could charge for their labor costs (most OH judges won't allow your own labor charges, although some magistrates do)
-the carpet was clean at move in wasn't it? You have photos from move in to show it was clean? They needed to leave it like it was when they took possession.

I would send an amended return to them to show the depreciation figures for the carpet. I would send it to the tenants, not the attorney. Since you did not charge for the other items (other carpet and window), I would show these as damages and list that you did not charge for them since you did not discover the damages until after the statement had been sent. Even after you depreciate the carpet, the damages should exceed their deposit. So there should be no need to sue you since they would have nothing to gain. If they sue you in court, counter sue to claim the other damages.

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