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Updated about 3 years ago on . Most recent reply

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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
49
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88
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Lease violations - deposit

Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
Posted

We asked our tenants to move out due to multiple lease violations (main ones were smoking and pets, where the lease prohibits both), and the floors are left with multiple cigarette burns (both hardwoods and linoleum), the bathroom sink has permanent cigarette (joint?) stains, and the hardwood floors reek of dog pee. All of this is definitely outside of the normal wear and tear.
If we replace the linoleum, can we deduct the labor and materials costs from the deposit? If we replace the sink, can we deduct the same? If we treat the smell issue in the hardwoods, can we deduct supplies and labor? If we are unable to take care of the burns in the hardwood floors (I don't even know how we could do that), can we still deduct for the damage, and how do we approach determining the amount to deduct? 
Thanks!

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Kat Rathell:

We asked our tenants to move out due to multiple lease violations (main ones were smoking and pets, where the lease prohibits both), and the floors are left with multiple cigarette burns (both hardwoods and linoleum), the bathroom sink has permanent cigarette (joint?) stains, and the hardwood floors reek of dog pee. All of this is definitely outside of the normal wear and tear.
If we replace the linoleum, can we deduct the labor and materials costs from the deposit? If we replace the sink, can we deduct the same? If we treat the smell issue in the hardwoods, can we deduct supplies and labor? If we are unable to take care of the burns in the hardwood floors (I don't even know how we could do that), can we still deduct for the damage, and how do we approach determining the amount to deduct? 
Thanks!


Yes, you can charge them for any damages that are not "ordinary wear-and-tear" on the home. Cigarette burns are not "ordinary" and neither is the cigarette odor. Ordinary wear-and-tear would include a few nail holes in a wall from hanging family pictures, a wear pattern in the carpet from walking on it, paint worn down where the bed rubbed against the wall. Those are things that would happen "ordinarily" with any tenant living in the rental.

I highly recommend you read some books to educate yourself on the basics of security deposits and what can/can't be charged, as well as the deadlines for handling a deposit. My favorite is "Every Landlord's Legal Guide" by NOLO. It may look expensive, but it has a lot of practical advice, includes your State laws, and it's the best reference book I've found in 20 years of reading.

  • Nathan Gesner
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The DIY Landlord Book
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