Deposits and damage charge for irrepairable damage to a rental

Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes

My tenant spilled latex paint on the patio...and something else that looks like rust. Concrete is porous so I doubt it can be cleaned. Do I hire a sandblaster or charge a damage fee; and if the later, how much? And how is the amount justified? she also spilled candle wax on the limestone fireplace. I will use an iron and brown bags to melt and soak it it up (fingers crossed). I would like to charge her for my time. I know I sound like a hag, but this tenant is such a slob that I didn't renew her lease. I resent her treating such a nice property with such disrespect and want to charge her for damages....but it sounds like if I dont hire a pro, I cant charge. Thanks.

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JD MartinBusiness Member

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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes

10y

There's no such thing as irreparable damage; everything can be repaired, even if it takes razing and redeveloping.

Latex paint should just sit on the surface. Scrape it up with a scraper and use a power washer to knock out any remaining residue. Power washer should take out rust. Candle wax on fireplace: scrape up the big stuff, use a hair dryer or heat gun with something absorbent to wick up the rest, or use a wax dissolver such as mineral spirits.

Personally, I wouldn't see any of this as something I would try to collect. Spilled wax and a rust mark on a concrete patio is not only not a big deal but also just happens in normal living. There's really no such thing as annoying tenant charges; that's one of the things you get paid for from rent.

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
10y
There's no such thing as irreparable damage; everything can be repaired, even if it takes razing and redeveloping.
Latex paint should just sit on the surface. Scrape it up with a scraper and use a power washer to knock out any remaining residue. Power washer should take out rust. Candle wax on fireplace: scrape up the big stuff, use a hair dryer or heat gun with something absorbent to wick up the rest, or use a wax dissolver such as mineral spirits.
Personally, I wouldn't see any of this as something I would try to collect. Spilled wax and a rust mark on a concrete patio is not only not a big deal but also just happens in normal living. There's really no such thing as annoying tenant charges; that's one of the things you get paid for from rent.
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Ned CareyPro Member
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Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
10y
Ice may work better on the wax, to make it brittle and chip away. Meting it with an Iron risks it melting into the surface it is on. Remember rock, granite marble etc. is a porous material.
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Fred Heller
Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
10y
@Marian Smith I'll preface this with the standard "not an attorney, not giving legal advice" disclaimer.
You're allowed to deduct for actual damages, and this certainly sounds like damage to me.
You can do it yourself and deduct the charges from the security deposit. That includes charges for supplies and renting equipment. And you can charge a "reasonable" fee for the time it takes for you to perform the task. I emphasize that word reasonable because it shows up a lot in the Texas Property Code.

Be sure to keep all the receipts for expenses and an accurate log of your time. You'll have to give an itemized accounting of the deductions to the tenant. Bottom line is you can use the security deposit to cure any damages incurred, but you can't profit from it.
The bigger question to me is why wouldn't you want to use a professional service to perform the repairs? They're the experts and can probably do the work better than you. And you'll be deducting the charges from the security deposit. So I don't see the upside to doing it yourself.
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Account Closed
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
The basic rule in CA anyway, is that if the "damage" is the result of someone using something in a normal way or not. Normal use for a fireplace might be a fireplace screen that's not working like it used to just from being pulled back and forth in a normal way for a year.
Melted candle wax and spilled paint does not occur from just using a fireplace or patio in a normal way. So, that's damage. You don't expect candle wax and paint to just appear from normal, responsible use. In my opinion.
And even in CA a landlord can charge for their labor to do the work themselves. As mentioned above, the charges must be "reasonable." And, a tenant is supposed to leave a place in the same condition it was on move-in, less normal wear and tear. So, if there wasn't spilled paint or melted candle wax when they moved in, they should have cleaned it up.
So, I'd deduct for the cleaning for sure. You expect worn carpets. You don't expect melted candle wax and spilled paint.
I guess the only other issue would be whether or not you were required to do a walk-through and give them a list of what they were supposed to do. I'd deduct the labor to clean anyway. But, if you didn't do things properly and the tenant sues you, you could lose.
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Marian Smith
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Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
10y
Thanks for the replies. It is no wonder previous rentals are worth so much less on the market. Paint on the patio...jeez. I purposely chose as indestructible finishes as I could when remodeling, but the two vulnerable areas....limestone and unsealed concrete...got hammered. I used Fusion grout on the kitchen backsplash for stain resistance and still, there is blue imbedded in areas of grout behind the sink. Tenant isn't sure what it is.
Local 25 year veteran PM posted his move out instructions online. He charges $100 administrative fee for hiring maid or haul off services and a $75 re-inspect fee. Plus the actual cost. He says he has been to court 5 times and never lost. Of course, he sends move-out instructions early, listing fees and saying no second chances once keys are turned in.
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