Tenant move out and damage

[Kar Sun]

My tenant let me know that they will move out before the end of month. My contract states there is a final walkthrough and they typically sign property condition on a move out document. I agreed to do a virtual walkthrough but they will not be able to sign anything. I already got inside and noticed some damage.

1. Staircase steps deep scratches (not regular wear and tear) due to a dog or moving furniture (I provided the step covers but they removed them on a move in)

2. Damage to paint on a wall (I will have to repaint the entire wall as my walls are not white and I cannot patch as it will look terrible

3. Cracked countertop (the entire slab will have to be replaced as it is not a modular piece (I cannot take the damaged piece and replace; the whole thing has to be replaced. 

Questions:

1. Should I agree to do a virtual final walkthrough? They will not sign anything since not in person....and does it really matter?

2. I have to replace the damaged countertop (it cannot be repaired) but I also have the island and the tops won't match since that material is no longer available. I literally have to replace all to keep the same look and feel. Can I do that and charge them for it?

3. I have to repaint the entire one wall due to wall paint damage. I cannot patch it as my paint is not white. Can I do that?

My contract states that tenants must repair all damage and the property must be left in the same or better condition except for a regular wear and tear. The damages I have are not normal wear and tear.....These are "intentional" in a sense that something hit the surface or some force was applied. I did take enough money for the security deposit and it should not be a problem as far as covering costs.

[Richard F.]

Your opinion of "regular" wear and tear is largely irrelevant. Courts will often differ with your assessment, and you will have spent time and money on court plus the cost of the touch ups. If your painter cannot match paint satisfactorily in this day and age, what with computer matching at your local hardware store, find a different painter. You mention a "slab", what type of material? was it properly installed with a solid base? I'm not saying granite or other materials can absolutely not be damaged, but pretty rare. And there are ways to repair depending on type of material and how it is damaged even if it is a granite, quartzite or other surface. A repair may not be a perfect solution, but pretty doubtful any Court will have a Tenant pay for $5000 countertop without very good evidence.

You need complete and clear photos of pre-move in and post move-out with sufficient detail to clearly communicate condition, in addition to written contemporaneous notes signed by Tenant at or prior to move in, and upon move out, detailing discrepancies noted at either end.

Screen better. Convey your expectations clearly, thoroughly and in writing at the time of signing any Rental Agreement. Invest in more durable products and materials, Tenants rarely will treat a house as you might treat your own, but in most states the law is on their side. People do have the right to live, they are not expected to walk on eggshells. There is reasonable wear and tear; there is unintentional damage; and there is intentional or irresponsible damage or misuse. Someone that intentionally damages a granite countertop more than likely had plenty of Red Flags waving before ever signing a Rental Agreement.