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What is a security deposit for?
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mha3484




 
 
    
 

Post Thu, Sep 06 2018, 3:23 pm
I am the one with the fridge. The tenant left food in it that made it smell so bad that it had to be replaced. We cleaned it multiple times. Please dont vacate an apartment without cleaning out your fridge and freezer its gross.
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amother
Mint


 

Post Thu, Sep 06 2018, 3:30 pm
amother wrote:
I don't think it's reasonable to expect an apartment back exactly the way it was when tenants moved in. You should expect regular wear & tear, the apartment may look lived in. Especially with young kids.


The damage from young kids is not the landlord's responsibility. The landlord is entiled to deduct damage from kids from the security deposit.

I won't rent to anyone with more than 2 kids because of the damage to apartments.
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Orchid




 
 
    
 

Post Thu, Sep 06 2018, 3:45 pm
mha3484 wrote:
I am the one with the fridge. The tenant left food in it that made it smell so bad that it had to be replaced. We cleaned it multiple times. Please dont vacate an apartment without cleaning out your fridge and freezer its gross.


I am not arguing your right to charge the tenant for damage.
What it seems is you are charging them ALSO for normal wear and tear by putting in that "return house in the same condition" clause.
What if a fridge stops working because it's simply old. Who has to replace? Your tenant, who started the term with a working fridge? What about the carpet with no actual stains on it, but is clearly "used" and not in the exact same condition as was received. Do your tenants have to replace that too? So all carpets must look like they were just newly installed? That's what your clause means - SAME CONDITION.
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amother
Oak


 

Post Thu, Sep 06 2018, 5:13 pm
amother wrote:
Check local laws. I'm a landlord and where I live it is illegal to request a security deposit in the first place.

Gotta ask... where do you live?
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amother
Oak


 

Post Thu, Sep 06 2018, 5:15 pm
amother wrote:

I won't rent to anyone with more than 2 kids because of the damage to apartments.

Do you put an obligatory birth control clause for the tenant in their contract?
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amother
Mint


 

Post Thu, Sep 06 2018, 10:42 pm
amother wrote:
Do you put an obligatory birth control clause for the tenant in their contract?


Nope, a couple can have all the kids they want. I just have no interest in having them as tenants.
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watergirl




 
 
    
 

Post Thu, Sep 06 2018, 10:51 pm
amother wrote:
Nope, a couple can have all the kids they want. I just have no interest in having them as tenants.

Thats actually discriminatory and violates the Fair Housing Act. http://www.sdhda.org/property-......html
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amother
Oak


 

Post Thu, Sep 06 2018, 11:09 pm
amother wrote:
Nope, a couple can have all the kids they want. I just have no interest in having them as tenants.

That doesn't quite address my question.
You said you would be willing to take a couple with two kids or less. Once they become your tenants, do you throw them out if they have more?
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amother
Mint


 

Post Fri, Sep 07 2018, 6:31 am
watergirl wrote:
Thats actually discriminatory and violates the Fair Housing Act. http://www.sdhda.org/property-......html


Actually, it doesn't. This is the problem when you play expert and aren't one. You get things wrong.
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amother
Mint


 

Post Fri, Sep 07 2018, 6:34 am
amother wrote:
That doesn't quite address my question.
You said you would be willing to take a couple with two kids or less. Once they become your tenants, do you throw them out if they have more?


I didn't say that.
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watergirl




 
 
    
 

Post Fri, Sep 07 2018, 6:40 am
amother wrote:
Actually, it doesn't. This is the problem when you play expert and aren't one. You get things wrong.

Ok. Good luck.
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amother
Mint


 

Post Fri, Sep 07 2018, 6:44 am
amother wrote:
I don't think it's reasonable to expect an apartment back exactly the way it was when tenants moved in. You should expect regular wear & tear, the apartment may look lived in. Especially with young kids.


Here is 22 people who think a landlord should accept regular wear and tear especially with young kids. Why should a landlord accept more damages from young kids?

The next tenant will not want an appartment damaged by young kids. The landlord is entitled to use the security to repair all the damages, so the appartment is substantially the same.
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Orchid




 
 
    
 

Post Fri, Sep 07 2018, 9:01 am
amother wrote:
Here is 22 people who think a landlord should accept regular wear and tear especially with young kids. Why should a landlord accept more damages from young kids?

The next tenant will not want an appartment damaged by young kids. The landlord is entitled to use the security to repair all the damages, so the appartment is substantially the same.


It could be we are not disagreeing.
(FTR, I did not bring up the young kids part).

What do you mean by "substantially the same?" Where in that clause do you allow for NORMAL wear and tear? If 2 neat adults live in a house and they transverse the carpet 100s of time a day over a 2-year lease, the carpet will have wear and tear. The carpet will not look the same as the day they first got the lease. So are they responsible to replace carpeting?
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amother
Mint


 

Post Fri, Sep 07 2018, 10:15 am
Orchid wrote:
It could be we are not disagreeing.
(FTR, I did not bring up the young kids part).

What do you mean by "substantially the same?" Where in that clause do you allow for NORMAL wear and tear? If 2 neat adults live in a house and they transverse the carpet 100s of time a day over a 2-year lease, the carpet will have wear and tear. The carpet will not look the same as the day they first got the lease. So are they responsible to replace carpeting?


I don't do carpeting. But let's say the kids damage door moldings with their riding toys or damage the kitchen cabinets. That's not normal wear and tear.
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Orchid




 
 
    
 

Post Fri, Sep 07 2018, 6:02 pm
amother wrote:
I don't do carpeting. But let's say the kids damage door moldings with their riding toys or damage the kitchen cabinets. That's not normal wear and tear.


We're not getting anywhere because every time I try to pin you down on who covers NORMAL WEAR and TEAR you come up with an example of DAMAGES. I get it. The tenant should cover damages. I agree in your example above, the tenant should pay to a damaged door molding.

Who covers normal wear and tear?
Obviously, it should be the landlord.
But yet, your clause forces the tenant to cover it.
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amother
Mint


 

Post Fri, Sep 07 2018, 6:56 pm
Orchid wrote:
We're not getting anywhere because every time I try to pin you down on who covers NORMAL WEAR and TEAR you come up with an example of DAMAGES. I get it. The tenant should cover damages. I agree in your example above, the tenant should pay to a damaged door molding.

Who covers normal wear and tear?
Obviously, it should be the landlord.
But yet, your clause forces the tenant to cover it.


You are getting us amothers confused. I didn't avoid the normal wear and tear discussion. You brought up carpet. I think carpet is gross and wouldn't install it. But if you want to discuss floors, we can.

Walking on tiles or wooden floors causes normal wear and tear.

We are now up to 27 people who think it is normal to have damages especially when there is little kids. Those little kids chip tiles and scratch floors. Those damages belong to the parents of the little kids.

Those little kids hang on cabinet doors and climb in drawers and counters. Those repairs belong to the parents.

Off the top of my head, I would think frige discussion above is an example of normal wear and tear unless the problems are directly caused by the kids.

I have a fridge that a kid climbed and cracked the inside bottom. Who do you think that belongs to?
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Orchid




 
 
    
 

Post Fri, Sep 07 2018, 7:05 pm
amother wrote:
You are getting us amothers confused. I didn't avoid the normal wear and tear discussion. You brought up carpet. I think carpet is gross and wouldn't install it. But if you want to discuss floors, we can.

Walking on tiles or wooden floors causes normal wear and tear.

We are now up to 27 people who think it is normal to have damages especially when there is little kids. Those little kids chip tiles and scratch floors. Those damages belong to the parents of the little kids.

Those little kids hang on cabinet doors and climb in drawers and counters. Those repairs belong to the parents.

Off the top of my head, I would think frige discussion above is an example of normal wear and tear unless the problems are directly caused by the kids.

I have a fridge that a kid climbed and cracked the inside bottom. Who do you think that belongs to?


The tenants, obviously. I never once said or implied that the tenants are not responsible for DAMAGE.

I thought you were the mother that said the apt has to be returned in "substantially the same condition." Am I mixing you up?
In any case, I'm glad to hear you agree the landlord is responsible for normal wear and tear (NOT DAMAGES). That's good. Now I'm confused about your clause (if I'm not confusing you with another amother) about the "returning the apt in substantially the same condition" business, which directly contradicts that the landlord is responsible for normal wear and tear.
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amother
Yellow


 

Post Fri, Sep 07 2018, 9:34 pm
Damages are things that could have been foreseen.. Like holes or major chips in walls, floors or cabinets from riding a bike indoors.
Wear and tear are things that naturally happen even if normally careful people. Things looking worn or used, small scratches or dings from just bumping or knocking into it with a purse (I look at my walls and they get dirty, touch gently and there's a ding. Poorly made), or stains in toilets/tubs (no matter how well you clean it there will be some remaining yuck. ).

Things will happen and you shouldn't be a landlord without realizing the difference between damage and wear and tear. You can charge for the broken window but not that there are minor scratches in the floor.
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