Re: security deposit transmital - Landlord Forum thread 360493

Re: security deposit transmital by sandra on May 14, 2020 @18:30

Hi Gary:
What do you think about this :
Your deposit was $1000 I am deducting the following charges against your deposit:
1) Repair of the fridge and range. The photos taken before you move shows that it was not damage on the shelf in the fridge and it was no damage on the range, $75
2) Carpet shampooing. The photos show a clean carpet when you move in and a very damage carpet when you move out $100 as stated it in your lease agreement 26.e tenant shall have carpets professionally cleaned upon move out.
3) Cleaning fee $200. The photos show you move in to a very clean house and the photos in your move out date shows the place needing to have professional cleaning $200
4) When you move in the house was freshly painted, in your move out the walls were very dirty plus some damaeges on the wall and a bad odor from smoking. By your lease agreement 32.c tenant will be responsible for the costs for any holes or excessive dirt or smudges that will require repainting. Also by lease agreement 26.f smoking will not be permited in or about the Premises, Tenant will be charged any costs incurred for the abatement of any damages by unauthorized smoking in the premises . $1292
5) Excessive trash removal from inside the house $200
6) 26.d tenant is responsible for keeping and maintain the landscaping , By move out date , landscape it had excesive amount of weeks and trash $300
7) By lease agreement 26 Tenant shall be responsible for minor repairs necessary to the premises up to an including the cost of $125 . 2 toilets had running water and the had to be repair $90
8) Materials : $250 including all products to try to help improve the odor of the smoking the door handle of the front door, all the bulb lights missing and the toilets parts.
9) I include receipt of everything.
It is unfortunate that you choose to leave the place in that condition, tenants in general do not think how much it cost to receive a house in a presentable manner, there is damage beyond tar and wear that you are responsible and your deposit does not cover all the repairs. So please be so kind to remit t he different amount by June 30, 2020.
does sound very leagal and proper ?

[ Reply ] [ Return to forum ]

Re: security deposit transmital by Garry on May 14, 2020 @20:22	[ Reply ]

Always think in terms of if a judge saw this list of damages, what would they OK, change the amounts, or throw out entirely. Numbers 1,2, and 3 seem OK to me. No. 4, you may want to cut in half. You are already charging for cleaning in No. 3, and a judge may say that after 6 years of living there, some of your $1292 is normal wear and tear. Take out your reference to 32c completely. No. 5 and 6 are OK. No.7, take out entirely. That is clearly a LL responsibility all over the whole country. A judge will throw it out. No.8-----take out "toilet parts",----- and did the T take "ALL" the bulbs, or were just some of them missing or burned out? No. 9 is OK. At the bottom, with your final statements-------- Show EXACTLY all your final numbers----- expenses totaled XXXX. Less your deposit of $1,000, = $xyz. Please remit $xyz in a money order, to me by June 30, 2020. Type it and send it. You will probably never hear from him, but that's OK. As long as YOU feel comfortable that a judge would find in your favor, if the T ever did take you to court.

Re: security deposit transmital by sandra on May 15, 2020 @17:10	[ Reply ]

Gary: Thank you for your points. Realistic he will not pay anything but I do not want him coming after me for the deposit. I can assure you the way that he left the walls even if it is after 6 years it is not normal wear and tear and other main reason to paint it was the strongly smell of marihuana through all the house. but as I know I will not get any money it is not a problem I can cut if in half saying for always paying his rent in 6 years. Regarding the bulbs, he left a few working I need it to install around 20 bulbs, regarding the toilet I found out he owes the water bill since January because he had a big leak but he never contacted me with the repair and I assume was the toilets, still maintainece include expenses below $125 are his responsibility by the lease agreement, but again as I will not get any money I can take it out. It is true he paid during 6 years rent with no problem, just the first couple of years we had some late payments. Just he did not main the place in a proper manner. Still it was his choice the leave it in this condition I sent a letter before to move out to remove the trash and leave the house with the bulbs, etc.... Of course I will try to tell him to pay but we all know I will not listen from him again. Specially because he does not want to give me his address until I tell first how much money he will receive which I am not sure how to handle that yet. I asked his new address and he answered first tell me how much will be and he hung up. I must thank you for all your hep and taking the time to answer as it it very important to me and I want to answer the best way possible. I am not sure where I read but isn't 7 years that a paint should to last in a house? or a long term tenant can ask your house to repaint every 7 years? I am not sure where I listen this but I just was wondering