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withholding security deposit questions...
by evan
on March 23, 2019 @12:48
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I am in MN. new to the rental game and this is my first go around. I have tenants about to move out after 3yrs and there are damages they've made that I'm not sure how to charge for (sanded away finish on cabinet face trying to clean stain, pet damage in yard, they had a "professional" repair brick molding that they damaged around door and he did a sh*t job, etc.) I don't know how I should be itemizing and appropriately charging for things in general, let alone things that aren't specifically replaceable like what I mentioned above. Any info helps!!! -Thanks
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Re: withholding security deposit questions...
by Garry
on March 23, 2019 @21:11
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First, you must wait till the Ts actually move out, and you get their keys back. Then go in and take pics of everything inside and outside, just the way they left it. Open all doors (closets, kitchen cupboards, refrig, stove, etc.) Be sure to take pics of any damages they left you. Then you can start cleanup and repair procedures after that.
Keep track of all those costs, and itemize them on the sec. dep. statement you will be sending them. Be sure to get that out within the time frame according to your states LL/T laws. If there are things you can't get done before you send out the statement, you can estimate the cost, but you must get it out on time. Send it both reg and certified mail to their new address. If all those costs exceed the deposit, the letter must show that you are keeping their deposit, and for them to mail you the money they still owe you, within 30 days.
Remember, you cannot charge for "normal wear and tear", which is a total "grey" area for LLs and Ts alike. Just be reasonable in what you charge for, because if you ever end up in court over the deposit, a judge may throw out some of your costs. If they have been there 3 years, a judge may throw out carpet cleaning or replacement costs as normal wear and tear, especially if the carpet was several years old when they moved in.
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Re: withholding security deposit questions...
by lpadave
on March 24, 2019 @08:30
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Garry raises a good and important point.
Three years is a decent length of tenancy term.
I assume you bought or inherited the property, so the relationship between you and the tenants has been short. And you don't really know each other.
Three years is past a """short term tenancy""" which will move ""excessive w and t and damages""" more away from. Your favor and into the tenants..
Judges love to use the term "tenant residue"" in defining all this stuff
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