Questions a out moveout charges, (do/how) you respond to ex-tenants?

Questions a out moveout charges, (do/how) you respond to ex-tenants?

Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes

Hi all, hope all is well.  20 days after move out accounting letter sent, ex-tenant sent email asking about the charges on the move out.  He thinks the charges are too high, that he wasn't responsible for some items, and think I am updating the house using the deposit. He did get money back.

-Some feedback, or general response would be greatly appreciated.
-Do you all send pictures and/or receipts ?
-Am I even legally obligated to respond to them?

And here I thought I was being fair and not over doing it.
Thanks for any help on this.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Luke H.:

Check your state laws, but you are generally not required to engage in a back-and-forth discussion/argument with them.

My policy is to respond once. I send them a few pictures, just enough to show them that I have documentation, and make it clear that I have everything documented with photographs or video. I tell them they get one chance to appeal. I instruct them to send me details of the specific charges they are contesting and their supporting documentation. I will consider everything, make a decision, and respond within one week.

I manage 400 rentals and only 1-2 Tenants a year actually file an appeal. Once they see I have pictures of everything, they disappear.

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  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 491 votes
    3y
    Texas here. Sounds like they are confirming receipt of your final accounting which has fulfilled your legal requirement. Are you required to send receipts/pics, no. You do however want to limit the risk of having to go to court to fight it. I would send what you have as documentation and go from there. Give the tenants an opportunity to present what evidence they have and maybe reconsider. I have learned over the years to not fight over nominal fees. It is not worth it in the long run if the tenant decides to lawyer up. After reviewing all the facts and feel you are standing firm, pay an attorney to send a formal letter stating all charges stand. That always works. Lawyer up or go away. Good luck & happy investing!
    RentWerx Property Management4.73215 Reviews
  • Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes
    3y

    @Melanie Thomas
    I appreciate the feedback. Interestingly, they are only concerned about a few items not all of them.

    Example: The garage was freshly painted on move in. On move out, there was a discolored wall bump (bad patch job on a hole they made), all the walls were dirty, and floor had oil/gas, look & smell.  They don't like the fact that I repainted all the walls and power-washed the floor.  I wouldn't rent it in the condition it was left in.  

    He also don't think he is responsible for broken light switches.

    I'm not going to respond and if he lawyers up, I'll contact my attorney. 
    Thanks

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    As long as you have adequate move in/move out pics and documentation, and receipts for the work done should be no issue.
  • Investor · Nashville / Atlanta · Member since 2021 · 13 posts · 2 votes
    3y
    Quote from @Luke H.:

    @Melanie Thomas
    I appreciate the feedback. Interestingly, they are only concerned about a few items not all of them.

    Example: The garage was freshly painted on move in. On move out, there was a discolored wall bump (bad patch job on a hole they made), all the walls were dirty, and floor had oil/gas, look & smell.  They don't like the fact that I repainted all the walls and power-washed the floor.  I wouldn't rent it in the condition it was left in.  

    He also don't think he is responsible for broken light switches.

    I'm not going to respond and if he lawyers up, I'll contact my attorney. 
    Thanks


     In some states those items are considered "normal wear and tear". I would consider looking up your states landlord/tenant laws to see how they define normal wear and tear. Regardless of what it says, if I didn't have a proper receipt for those repairs, I'd refund that portion for your own personal cya. 

  • Investor · Fort Lauderdale, FL · Member since 2020 · 1k+ posts · 755 votes
    3y
    Quote from @Luke H.:

    @Melanie Thomas
    I appreciate the feedback. Interestingly, they are only concerned about a few items not all of them.

    Example: The garage was freshly painted on move in. On move out, there was a discolored wall bump (bad patch job on a hole they made), all the walls were dirty, and floor had oil/gas, look & smell.  They don't like the fact that I repainted all the walls and power-washed the floor.  I wouldn't rent it in the condition it was left in.  

    He also don't think he is responsible for broken light switches.

    I'm not going to respond and if he lawyers up, I'll contact my attorney. 
    Thanks


     If the tenant was good overall minus these garage issues, as a landlord, I would just respond nicely but also make it clear that they did more than normal wear and tear. I had one tenant complain after I took her full deposit since there was a lot of damage (many holes in the walls, damage to flooring, yard a mess) after only living there one year. I swear some people can't take care of a place even for a short time. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Luke H.:

    Check your state laws, but you are generally not required to engage in a back-and-forth discussion/argument with them.

    My policy is to respond once. I send them a few pictures, just enough to show them that I have documentation, and make it clear that I have everything documented with photographs or video. I tell them they get one chance to appeal. I instruct them to send me details of the specific charges they are contesting and their supporting documentation. I will consider everything, make a decision, and respond within one week.

    I manage 400 rentals and only 1-2 Tenants a year actually file an appeal. Once they see I have pictures of everything, they disappear.

    The DIY Landlord Book4.7243 Reviews
  • Member since 2019 · 215 posts · 122 votes
    3y

    I would definitely recommend providing a response, but in most states you are not required to unless before a court.  If they are only questioning a few items it is most likely a honest concern and not someone trying to scam you.  Ignoring it also makes them more apt to be spiteful and file for damages.  

    I require all tenants to send a detailed list of what deposit items they believe are incorrect and why before reviewing.  That helps to set the baseline around what you need to review and prevents the time wasting in justifying every charge.  I would start by providing a copy of the condition catalog and a photo of the returned product.  It sounds like the example charge was warranted and hopefully a few photos will be enough to make them wake away.  At this stage I send the bare minimum to justify the charges.  I wouldn't bother send before photos or any receipts unless the condition catalog doesn't outline something or it would easily shut down the argument.  

    I self manage and try to do extra work upfront with deposits in case these questions come up.  I'd rather have everything justified in advance to help save time in these situations and cover myself should anything go to court.  I'm include a copy of my latest backup from a deposit I'm sending out tomorrow. https://docs.google.com/docume...

  • Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes
    3y

    @Nathan Gesner,

    ) 400 rentals?  Wow, I'm curious how big your team is to handle that many? 

    ) Your reply sounds reasonable. Do you have a template/example of the response you send with the pictures, that you can share please? I'd like to use it as a baseline. 

    Thank you

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Luke H.:

    @Nathan Gesner,

    ) 400 rentals?  Wow, I'm curious how big your team is to handle that many? 

    ) Your reply sounds reasonable. Do you have a template/example of the response you send with the pictures, that you can share please? I'd like to use it as a baseline. 

    Thank you


     Connect and send a DM request for the form and I'll share what I use.

    The DIY Landlord Book4.7243 Reviews
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