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Kathleen Park
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How Much Subtract from the Security Deposit

Kathleen Park
Posted

My tenant moved out a couple of days ago, and when I walked through the unit, I discovered that he had removed the curtain and curtain rod, detached the room air conditioner, and caused significant scratches on the hardwood floor from the metal bed frame legs. I have photos to document these issues. My question is how much I should charge him for each of these items. Is there any reference I can consult for guidance on these issues? Also, do you typically get a quote from a local handyman for repairs?

I really appreciate your time in advance. 

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Derrick E.
  • Investor
  • The Creek, WV
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Derrick E.
  • Investor
  • The Creek, WV
Replied

You need to get a quote from a local handyman or contractor.

Not sure about every state, but in the states where I invest - If you do the work yourself you can only deduct the cost of materials. If you use a handyman or contractor then you can deduct the entire amount. 

Not worth it to do it yourself imo.

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Kathleen Park
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Kathleen Park
Replied

Thanks for your comment. That makes sense.

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Nathan Gesner
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  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
Agent
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Kathleen Park:

I recommend you educate yourself on "ordinary wear-and-tear" vs damages, depreciation, and your state laws.

Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice about the management of investment property, has sample forms that can be edited, and - most importantly - tells you what your primary state laws are and where you can read them. It's updated yearly and is the best $40 you'll spend as a Landlord.

  • Property Manager Wyoming (#12599)

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Theresa Harris
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Theresa Harris
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Replied

For curtain rods, charge him replacement costs; for curtains, go to a thrift store and see if you can find some that work and charge him depreciated value.  Reattach the AC unit.  For the floor, that is harder.  There is a product you can use on flooring that works well (rejuvenate)-try that first.

For most things it is the actual cost (eg cleaning) or depreciated value (eg flooring replacement).  Call a handyman and ask them if they are able to do what you need and if so, can they come by and give you a quote.  Also check how long you have to notify the tenant that they won't be getting their full deposit back and how long you have to return the balance.

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Paul De Luca
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  • Real Estate Agent
  • Chicago, IL
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Paul De Luca
Agent
  • Real Estate Agent
  • Chicago, IL
Replied

@Kathleen Park

Make sure you are complying with your lease terms. I copied this from the Chicago RTLO which is attached to the CAR lease:

-Before a landlord can deduct expenses for damages from the security deposit, the landlord must provide the tenant with an itemized statement of the damages within 30 days of the date the tenant vacates the dwelling unit.
-Within 45 days of the date the tenant vacates the dwelling unit, a landlord must return all security deposit and required interest, if any, minus unpaid rent and expenses for damages.

  • Real Estate Agent Illinois (#475.190985)

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Replied

This is state specific and the laws change from time to time.  Here in Washington there have been a number of recent changes to the Security Deposit statutes.

You will need to know the difference between normal wear and tear as opposed to actual damages.  It is necessary also in some way to document before and after conditions, this to might be laid out in statutes.

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Jonathan Klemm
Contractors
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  • Contractor
  • Chicago, IL
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Jonathan Klemm
Contractors
Pro Member
  • Contractor
  • Chicago, IL
ModeratorReplied

Hi @Kathleen Park - Some of the best advice was provided above by @Paul De Luca...check the Chicago Residential Landlord Tenant Ordinace (LRTO).  Note it doesn't apply to you if you are an owner-occupant in a property between 2-4 units.

Plus, make sure you've held the security deposit properly...if it wasn't a special interest-bearing account, there could also be ramifications for that.

It may be in your best interest to let those damages go and consider switching to a "move-fee" to avoid the security deposit requirements.

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Replied

Just bought a copy of that book, thanks for the recommendation @Nathan Gesner

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Colleen F.
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  • Narragansett, RI
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Colleen F.
Pro Member
  • Investor
  • Narragansett, RI
Replied

@Kathleen Park    Also have pictures especially of how bad the floor was because if it is not gouges they may consider it wear and tear.