San Antonio, TX · Member since 2017 · 60 posts · 12 votes
Thanks in advance for taking the time to look at this. Am I being nit picky/excessive or is it justified? Tenants lived in the home for 1 year and left the house absolutely disgusting and a very strong odor. In all my years as a landlord 16 plus people usually leave all of their trash or they clean the place up pretty good. So I am either providing them with their full deposit or I never hear from them again. This tenant has messaged me a couple times about it. Their deposit was $2200 and I am going to end up charging them $700 plus back. The tenant is on a housing voucher so I doubt I will ever collect but please let me know what you think. I have about another dozen pictures but I figured you would get the gist of it. Thanks
It varies based on local LL/Tenant laws, but typically the BEFORE pics and Move-In Condition report are critical to "make your case" with the Move out pics and written estimates or invoices from legit third party vendors. Usually the Owner's "time" is not considered by Judges, although actual receipts for materials used might be. S8 is very good about charging LL's for items that are obviously Tenant Damages, and they are usually overly lenient with their standard of "normal wear and tear", so it will be an uphill battle. Also, be certain you meet the deadline for providing the accounting of the SD, per local law. Typically 14 or 15 days, but you must be certain, otherwise YOU can often be held responsible for up to 3 times the monthly rent if you get an unhappy Judge. You are right, not likely to collect any of it, in spite of the "Guaranteed Rent" that so many like to promote. Prep the property better and for better durability, and screen prospective Tenants better next time. That is the most important task of any PM/LL.
You would be justified in charging for many of the items in your list, but not all. The "normal wear and tear" standard is open to some interpretation. Damage to walls, broken/missing ceiling fan parts are fine to charge for. I replace keys and toilet seats whenever I have a turnover, so I wouldn't charge for that. I also often paint, but 1 year is a short turnaround and you could claim a large amount of painting should not be needed.
Charging for a light bulb or lost key is ridiculous. I always re-key my locks on turnover. Why would you charge for a duplicate key and re-keying the locks!? Don't charge for the screaming obvious stuff you would do for any turnover.
You can't charge for failure to do your maintenance. It looks like you are charging for leak damage under the kitchen sink. You may have a point if Tenant caused the leak or was aware of the leak and didn't report it; otherwise, it is your leak that caused the damage. You didn't describe how this happened, so it's a gray area.
Are you charging them $700 over the security deposit ($2,900 total)? Part of the move-out paperwork for Section 8 is usually a statement that Tenant owes Landlord nothing. You won't be able to get the additional $700 if you signed that. If you haven't signed it, Tenant can lose their voucher for leaving the lease and owing you. Talk with the case worker about this.
In my experience, you get nothing from the Section 8 tenant after move-out because they have nothing.
Hey James most of those items you mentioned are listed as items not charged for. I’m not charging them for the missing light bulb, lost keys,and sink damage that you pointed out. I listed it on there to say hey, you guys damaged this but I’m going to chalk it up to normal wear and tear or I can’t really prove you did purposefully or weren’t aware that it was damaged. I think there’s about 12 items like that to include a collapsed fence likely knocked down by their dog. I’m not aware of any notice from housing. I’m not necessarily worried about them paying and I don’t want them to lose their voucher but it’s bush league to leave a house in that condition and expect to pay nothing for it.
You would be justified in charging for many of the items in your list, but not all. The "normal wear and tear" standard is open to some interpretation. Damage to walls, broken/missing ceiling fan parts are fine to charge for. I replace keys and toilet seats whenever I have a turnover, so I wouldn't charge for that. I also often paint, but 1 year is a short turnaround and you could claim a large amount of painting should not be needed.
Charging for a light bulb or lost key is ridiculous. I always re-key my locks on turnover. Why would you charge for a duplicate key and re-keying the locks!? Don't charge for the screaming obvious stuff you would do for any turnover.
You can't charge for failure to do your maintenance. It looks like you are charging for leak damage under the kitchen sink. You may have a point if Tenant caused the leak or was aware of the leak and didn't report it; otherwise, it is your leak that caused the damage. You didn't describe how this happened, so it's a gray area.
Are you charging them $700 over the security deposit ($2,900 total)? Part of the move-out paperwork for Section 8 is usually a statement that Tenant owes Landlord nothing. You won't be able to get the additional $700 if you signed that. If you haven't signed it, Tenant can lose their voucher for leaving the lease and owing you. Talk with the case worker about this.
In my experience, you get nothing from the Section 8 tenant after move-out because they have nothing.
Thanks for the reply I’m in the state of Texas. I have 30 days. I do have move in pics as well but I think it’s also worth noting that housing does a move in inspection prior to keys being exchanged. I’ve failed one of these for the floors not being swept good enough prior to moving in.
It is more of an indication of the kind of people you had as tenants, versus "bush league". They are just slobs. I had similar tenants who also asked for their deposit back after trashing the place. I guess it follows the guideline, "It doesn't hurt to ask."
I recommend this: Submit your findings/offset notice to both the tenant and the caseworker. With the notice provided to the caseworker, I would put a note advising that you were disappointed by the condition that the tenant left the property and that it would be difficult for you to recommend her for continued participation. Ask for their assistance in coaching the tenant (they are called 'clients' in my market) through the offset process.
You did a great job in detailing those items that are part of the offset and those you are incurring as the landlord.