Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
Fellow landlords, are the following something you would considered "normal wear and tear" or no?
Window blinds - these blinds were brand new before the tenant moved in 16 months ago. I am not sure what happened but there are some dents on two of the pieces, and some of the nylon strings that holds the blind in place are broken.
Cast iron bath tub - I didn't catch this on the move out inspection, as the tub bottom was very dirty. Once I had the bottom scrubbed and cleaned, I can see scratch marks. Was Wolverine taking bath here? These marks were not present.
Closer:
Even closer:
No these are not stain or scuff marks, I have already cleaned it thoroughly.
Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
12y
Sam: are the tub scratches through the enamel and down to the metal? If the base metal is showing through this won't help much, but sometimes the more superficial scratches can be buffed out. Try a magic eraser first with plain water, then Bon Ami or Barkeepers Friend scouring powder with a regular sponge. I've removed metal scratches and rust from tubs and sinks with both when no amount of cleaners, bleach or Lime Away would work. Not great for a new finish but that tub looks old anyway.
Dallas, TX · Member since 2011 · 308 posts · 59 votes
12y
Originally posted by @Sam Leon:
I'm certainly no attorney, but I would check with one on the legality of using that documentation as evidence in court. My understanding is if there is no move in condition report (signed by the tenant), you cannot legally hold back part of their security deposit for property damages.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
12y
Bet he's sitting in his new backyard on your lawn chairs eating a steak cooked on your grill!
Charge him for everything that you know to be true... even if your documentation is not bullet proof. If he pushes back, then you have some room for negotiating.
Not many tenants will take a landlord to court for things they know to be true, with or without a move-in check list to back them up. Stand firm. Don't show the tenant your cards. He may think you have more documentation than you have. If you give in because of fear that a judge will knock you down for lack of documentation, you'd be throwing in the towel too soon.
Also, look at the move-in/move-out check lists from the tenant before him to double check your memory. Were any of the damages you find now on the move-out sheet from the previous tenant? Find your original purchase receipts for the items you put in place for his tenancy to add to your documentation.
Also, are there other witnesses to the condition of the property prior and during this tenancy? Neighbors, handyman, or the realtor who did the leasing? They may be able to reinforce your position if need be.
I would absolutely charge on the blinds. That looks like dog wear to me (I've had the exact same issue on the exact same blinds, except there was no argument when I made note of them destroying the brand new blinds I installed 12 months prior for them). Even if you don't have perfect pictures, I hope you have a receipt showing when you bought the item. Don't forget to add something in for labor--nothing is free in this world.
The AC coil cleaning, probably not. That just comes with being the property owner. I generally expect 0 not-explicitly-stated-and-agreed-to maintenance done by tenants. I have yet to be proven wrong minus a few isolated cases.
Tub is iffy. I'd go for it, and if he pushes back hard and seems serious about fighting you in court (highly unlikely) maybe try to "play ball" and lower it or something. You can buy a fantastic brush-on (assuming no sprayer) tub refinishing kit for ~$40 from Sherwin Williams if you want to do it yourself (it is easier than it seems, just make sure you wear the proper mask--stuff is BRUTAL). The cheapy $15 big box store ones did not work very well for me. If you pay someone else, expect it to cost $175 to $300.
Trash removal without a doubt would be charged for. Document it. You didn't rent it to him with the trash there. You're not responsible for disposing of his illegally dumped environmentally harmful trash.