Need to repair after a tenant moves out

CPenzias

Tue, Jan 30 2024, 8:31 pm

amother OP wrote:

Ok. I dont understand why everyone feels the need to focus on repainting. I asked for advice on how to figure out my charges, im not looking for everyones judgement on whether or not I should charge it. I know im within my legal rights, I know they left actual damage that is NOT wear and tear. I dont really care if painting is standard, I wasnt planning on doing it and now I have to. So either I hire a team and its a huge expense, or DH does it and it still costs a lot plus days of his time. This is after removing everything from the walls and fixing all the holes and damage, before it needs to be painted.

I also need to deal with getting 15 HEAVY pieces of furniture out of my house, along with piles of trash, old clothes/shoes, empty boxes, old kids toys like bouncers and ride on toys. I also need to clean it top to bottom, wipe stains off floors, walls, windows and get carpets cleaned. Sweep, clean out appliances, literally everything.

I am within my rights to take all the wall repairs and painting, as well as junk removal, out of their security deposit. There is no reason I shouldnt. If I had been planning on painting anyways, I would only charge them for the removal of the tv mount and wall shelves, because those were not installed properly and taking them down is going to cause damage to the sheetrock, and need to be professionally removed. But I wasnt planning on repainting, I was okay living with some scuff marks for a few years until I could afford to repaint properly, which I cant right now. And on top of all this, I am moving out of a rental apartment where I have been already killing myself doing all the cleaning, spackling and repainting (to avoid losing my security)

If someone here rents and decides to be extra nice to their tenants and not take what they are legally owed, fine. But there is nothing wrong with me doing it and literally no reason for me not to. So please stop judging me. If you have any practical advice, I will gladly take it..

Get an estimate for all the repairs, even if your husband is doing it.
Get an estimate for the removal of their cr@p. That's what you deduct

seeker

Tue, Jan 30 2024, 8:41 pm

Our tenant left behind loads of stuff (died with no responsible relative) and bulk removal alone cost not a little more than the security deposit. So if there's any way to get these people to come back and clear out their stuff, try!

In any case since they violated the terms of their lease (e.g. they were supposed to have gotten your consent before installing certain things? And supposed to leave the place empty, if I understand correctly?) I'm not sure they're entitled to get anything back, itemized or not.

amother

Tue, Jan 30 2024, 8:49 pm

amother Salmon wrote:

Op, your question seemed to be how to handle the security deposit so people Are answering the question.

My question was only how to figure out what amounts to charge, especially if it’s work my DH will do himself. I wasn’t asking for people’s opinions on what damages I should be charging on

I’ve gotten enough helpful responses though to figure it out, so thank you to everyone who answered my question

Princess23

Tue, Jan 30 2024, 11:35 pm

amother OP wrote:

My tenants just moved out, and this is my first time renting out a property. I'm not sure how to go about handling the return of the security deposit, since theres a few issues with the house:

1. Large amount of furniture left (15 pieces inside) plus bulk items and trash all over the property
2. Wall damage, including large nail holes, wall shelves needing to be taken down, a tv mount still up. A few rooms need to be spackled and/or repainted

Also a few light bulbs are out and smoke detectors need new batteries, but im not sure if this is something I charge to the tenants?

If anyone can help me figure out how much to charge, id really appreciate it. I guess for furniture/trash I need to call a junk removal service and they'll give me a quote, but for the painting and wall damages (which my DH will probably do himself), how do I figure out the costs?

Call a lawyer

amother

Tuberose

Wed, Jan 31 2024, 1:25 am

In NY my landlord did not paint or fix the flooring that was broken it was our responsibility. We lived there quite a few years and didn’t leave any damage like what OP has. The new tenants decided to paint on their own again nothing with the landlord (they wanted a different color). A different landlord had told us if we hang anything up it’s our responsibility to patch the holes after.

tweety1

Wed, Jan 31 2024, 2:18 am

amother OP wrote:

Its more than normal wear and tear. Theres a lot of huge screws all over the walls, parts of walls with paint fully scraped off, giant shelves installed into the walls (that we are having trouble removing and will need a lot of fix up after also), a large tv wall mount installed on the wall

I dont mean a quick spackle and touch up over tiny nail holes from hanging pictures. Multiple walls need to be fully repainted, and a lot of areas are gonna need major spackling and work

A tenant is obligated to leave an apartment broom clean. No furniture, not large pieces of trash. Large nail holes is not regular wear and tear. Get an estimate how much everything will cost. Deduct the amount that is not considered regular from the security. You don't play nice lady here. You don't have to be out of pocket even 1 dime.

tweety1

Wed, Jan 31 2024, 2:20 am

amother OP wrote:

Doesn't matter who does the work. Your dh is entitled to get paid for his labor. I'd say get 2 or 3 estimates and take off that figure.

funkyfrummom

Wed, Jan 31 2024, 2:47 pm

Not a landlord... just a renter for 30 years of my life (in several different cities and states).

It's whatever the lease said.

Security deposits are not for normal wear and tear, they are for damages.

Painting (and spackling to prepare for painting, like little holes from hanging photos) are normal wear and tear and should be done whenever someone moves out (in NYC if you have 3 units or more, you are obligated to paint every 3 years.... that means that if the tenant wants you to paint after 3 years of being in the apt... even if they plan on staying... you are obligated to do that for them). Replacing carpet if it is more than 7 years is also considered normal wear and tear (again, that's for NYC).

As someone said, for all the junk and furniture that they left, you should call a junk removal company and have them take it out. You take that amount off the tenant's deposit.

For the wall mounted stuff and shelves, they should have removed it (even if it was allowed for them to put it up). Have a handyman come and remove it, and then take that amount off the deposit. Do it before the painter comes to spackle and paint.

If the painter charges you more than the standard amount for paint and normal spackling (because he is having to fix wall damage), then make sure he itemizes it on his bill as an extra charge for wall repair... then you charge the tenant that amount off the security deposit.

You should have a pro do the repairs (wall repair, junk removal, and shelving/mount removal) so that you have a bill that supports the cost of the repair. If you just do it yourself (like removing the furniture because that seems easier than calling the junk removal people) and then you charge them for your time for the removal, the former tenant could argue it in court (meaning, if you wound up in court because they said you kept more of deposit than should have been). You will have a harder time substantiating it than if you have a receipt from a pro. The courts will want to see a bill from a professional for the actual cost of the repair that you were out.

(I'm not a lawyer, not legal advice).

PS - OP, I am sorry they left a mess. Sorry you are having to deal with this.

tweety1

Wed, Jan 31 2024, 2:49 pm

qwerty4 wrote:

The only thing you can charge for is the removal of their items. They should leave the property free and clear.
In NY, you need to do a full repaint every three years even if the same tenant still lives there, so technically that's not on them.

She shouldn't have to pay out of pocket for large holes. If repairing the larger than regular nail holes Costa her extra money she's allowed to deduct that from the security.