Am I The Tenant From Hell? (With Apologies For the Length)

Am I The Tenant From Hell? (With Apologies For the Length)

Investor · Phoenix, AZ · Member since 2015 · 31 posts · 21 votes

Background: I have one rental property and recently sold another. For both, I outsourced the management, as they were in TX and we now live in AZ.  Up until recently, we were renting in AZ, but just bought a place. 

So, I have some experience, but I won't pass myself off as an expert. That's why I am here, to learn from you guys.

As stated above, we recently moved out of a rental. The landlord did the walk through after we left. According to the lease, she had two weeks to do so. That was probably a mistake on both of our parts. Now, we got her bill. She says we owe her 3600 in addition to withholding our deposit of 1500. That is a level of carnage I normally associate with fraternities, roller derby and the two hours after my great uncle found out they were taking "Touched By An Angel" off the air.

This isn't entirely a shock, as we knew we inflicted some damage. That being said, we think it's too high. I have talked to two property managers I know, one of whom rented our former residence out for us and has a pretty good idea of how we treat a house. Also, FWIW, my wife is a graphic designer/architect and I'm pretty sure I would have heard about it sooner if we were living in the degree of squalor this bill indicates. Anyway, the read of these PM friends on the situation jibes with mine, but I want to get as broad a swath as possible when it comes to opinions. One  note: we were in the house for about two and a half years. Summary of the bigger items:

1) 2900 for completely repainting the interior. She claims our kids drew on the wall and that there was an excessive amount of nail holes for paintings.  Our take:  kids did draw in a few places, but we didn't hang an excessive amount of paintings, so spackle and touch up. My wife even asked about the paint type before move out so she could match it and never heard back. And even on the off chance it requires a repaint, after 30 months, a repaint might be the cost of doing business.

2) 1300 for complete carpet replacement. This one could get dicey. We left a definite stain (literally, it was wood stain) in a bedroom. Again, guilty as charged. Additionally, we had the carpet professionally cleaned upon move out and it buckled. There were serious waves, no question. However, it seems this is a result of bad carpet, which I told her. She claims it survived a previous cleaning, which may be true. However, I have been told by one of my PM people that it's not unusual for bad carpet to last for a cleaning or two. She said she replaced it with the cheapest carpet she could find, and I told her she was repeating the same mistake. Also, since I clearly admit we owe her something for the stained room, she is claiming that she can't match the carpet, so it's an all or nothing deal for her. To top it off, she just seems to think that the carpet was in better condition from the start than my wife does.

3) Damaged tiles on patio due to rust from kettebells. She didn't charge us for this, which she is using as a pretense that she is doing us some kind of favor. Six or seven tiles are damaged, she doesn't want to replace all of them, but like the carpet, she views it as an all or nothing expense. So, she believes that the 3000 a new patio would cost is giving her latitude to hold our feet to the fire for painting and carpet and every other piece of minor damage to the house. It should also be noted that a leaking spigot that we repeatedly told her about has resulted in cracked tiles. If the patio is not perfect, it's not all due to us.

So, negotiations have been all over the map. She immediately buckled when I balked at the charges and said she would just charge us the deposit. I actually took the unusual step of agreeing that we owed her (we probably do) and it would be worth the sleep at night to feel like I did right by her and offered her an additional $800. She agreed, I told her to think it over, and now, after talking to her daughter who is also a property manager (our landlord self-manages, she might be better off hiring her daughter), she is back to asking for the full amount.

So, we are at an impasse. If I'm wrong, I honestly want to know. But, at the end of the day, I think she wants a pristine property and isn't allowing for enough wear and tear. She's got our deposit and likely deserves it. However, I think she and I both know that if she wants more, she's going to have to go to court and that isn't likely. I'm inclined to off her 1000 more and say that's as good as it gets.

Also, she's been pretty reasonable overall and I believe she's attempting to bargain in good faith. And she has photos and invoices for a lot of the damage to the wall. So, while she documented it well, it's still a lot of tick-tacky stuff. Scuffed baseboards, worn paint from pictures and nails in walls.

One final thing: we are in the process of getting back around 2400 (on top of deposit) at a pace of 200 a month from one of our tenants (completely handled by our PM), so I know these things can happen and don't want to be a hypocrite. I need to drill down the reasons we charged so much and will do so next week. But, I think enough about our manager's integrity to know she was likely fair with them. If they are out that much, they must have deserved it.


If you read this much, thanks. If you can give me advice that either helps me stand firm or come correct, I'd love to hear it, Best wishes and Merry Christmas!

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St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
9y

@Account Closed You asked if you are wrong, in my view you are. In the course of your discussion you admit to extensive damage to this rental property. If I was the landlord and had before and after photographs and a signed inspection report I would give you a short time to pay and after that go to Small Claims and let a judge sort it out and award a court judgment against you. Holes everywhere, writing on walls, stained and otherwise damaged carpets and broken tiles sounds pretty expensive to me. Suggestions such as complete repainting is a cost of doing business "after 30 months" do not help your case. You outsourced management of your own property and may not have turned a unit over and witnessed condition at the end of leases. In my experience in turning over units what you describe is not normal I am afraid.

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  • Residential Real Estate Broker · Frisco, TX · Member since 2016 · 8 posts · 4 votes
    9y

    Based strictly on what you've written I'd say she should definitely keep the deposit, and you should pay for the one room floor damage and the areas that need painting - not the whole house. If you offer her a check somewhere in the middle and say this is what we think is fair above the deposit, hopefully that will be good enough and everyone can move on. It will show you have no interest in trying to drag things out.

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    9y

    @Account Closed You asked if you are wrong, in my view you are. In the course of your discussion you admit to extensive damage to this rental property. If I was the landlord and had before and after photographs and a signed inspection report I would give you a short time to pay and after that go to Small Claims and let a judge sort it out and award a court judgment against you. Holes everywhere, writing on walls, stained and otherwise damaged carpets and broken tiles sounds pretty expensive to me. Suggestions such as complete repainting is a cost of doing business "after 30 months" do not help your case. You outsourced management of your own property and may not have turned a unit over and witnessed condition at the end of leases. In my experience in turning over units what you describe is not normal I am afraid.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    What would you say to a tenant who moved out and had children who wrote on the walls,  then tried to cover nail holes with spackle (leaving walls to resemble a teenager with pimples), a wood stain on a carpet that was left buckled after cleaning, etc. etc. etc..  

    You'd charge them for painting and carpet replacement (at least in the bedroom) also.

    At any rate, if you disagree with this amount, don't pay it and when you are sued in Small Claims court you can provide your pictures of the place at move out to show you didn't do this damage.  Your former landlord will have to show her proof that her claims are justified.   You did take pictures of the rental at move out, correct?

    Gail

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    I agree with Stephen in that this sounds like excessive damage and her charges do not seem unreasonable.

  • Contractor · Atlanta, GA · Member since 2015 · 236 posts · 91 votes
    9y
    I agree that sounds like a lot of damage and the charges seem fair. Your only hope to fight this is the time she took to do the move out. I don't know the laws in Arizona, but in Georgia you have 3 days to do the move out and 5 days to submit the charges to the tenant.
  • Investor · Phoenix, AZ · Member since 2015 · 31 posts · 21 votes
    9y

    Thanks for all of the feedback!

    Responding to a few points:

    1) The holes in the wall aren't excessive, IMO. We hung pictures. Yes, there is drawing on the wall, but my question is whether that justifies us paying for a complete repainting. 

    2) Carpet (and patio) is similar. We clearly owe her something and I'm happy to pay it, but not happy to overpay for it. IMO, aside from the stain, it's normal wear and tear on the carpet. And, as bad as the buckling is, if it doesn't survive professional cleaning, I could argue that it is normal wear and tear, also. She used cheap carpet.

    3) No pics taken at move out. I guess that would be more of an issue if we expected to get any of our deposit back, which we don't.  Lesson learned. The good news here is that, for the most part, our conflict isn't over the actual damage, it's what the damage means. The exception to this is the condition of the carpet on move in. My wife (who notices such things) thinks it wasn't great to begin with.

    Gail, your question of putting myself in her shoes is a good one, and that cuts to the heart of the matter. If I were in her shoes, I would want compensation for obvious damage, but wouldn't necessarily think that requires the tenant paying for new everything. Aside from the drawing, the walls are within the range of what you would expect. I should also admit that my daughter also drew a rainbow on the garage floor. I'll give her a few hundred bucks, but I'm not paying for a new floor that will be stained with oil in three weeks.

    Anyway, my protests aside, I greatly appreciate the feedback. If I simply wanted to get out of this as cheaply as possible, I think I could stiffarm her and she would think legal action isn't worth it. And, I'm not simply daring her to sue, my PM friends are telling me that damage to a part doesn't necessarily equate to replacement of the whole, so court may not go well for her. I do want to give her what she is owed, and the advice so far has helped. I appreciate the people taking me to task. What goes around comes around, so I don't want to shortchange her, I also don't want to be a sucker.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    9y

    I don't think I'd try the stiff arm strategy you mentioned. Yes she sure might think it's not worth the hassle of going to court over......but there is almost no hassle in the few little clicks on the Internet it takes to send you to collections and ruin your credit.

  • Investor · Phoenix, AZ · Member since 2015 · 31 posts · 21 votes
    9y

    Well, I should modify that. If I didn't pay the full amount, I would likely offer her another 1000-1200 as long as she'd drop the matter and said so in writing. If she refused then, I would hope she would choose the courts over stewing and messing with my credit, but that could happen. Good point. 

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    FYI - getting a judgment against you in court will mess with your credit. Regardless of you paying it after or not. Once it's recorded in the system the credit bureaus will pick it up and whether a judgment is paid or still open makes no difference in the scoring.

  • Developer · Portland, OR · Member since 2014 · 732 posts · 490 votes
    9y
    The best line is "My wife (who notices such things) thinks it wasn't great to begin with." Have her get bids on the items and then pay them. Drawing on the walls, bad carpet stains, broken tiles, yeah there goes your deposit and then some. One of the problems with paint is that you can't match the color over time. Your carpet use was not normal wear and tear. Putting kettle balls on tiles also is pretty outrageous. As a management company owner I would have to agree with your landlord and wouldn't let the issue go. The damage from your tenancy is causing her to loose money and time.Hopefully you both have good move-in and out records and pictures so that you can get your dispute solved amiably. I highly suggest that you do yourself a favor and buy a personal residence so you don't have to deal with stuff like this for your own house.
  • Member since 2016 · 143 posts · 157 votes
    9y

    None of these charges sound unreasonable with the damages you have admitted to. Nothing you describe is normal wear and tear. $1300 for total carpet replacement sounds cheap. Personally I don't change just one room of carpet. A total repaint doesn't appear to be out of line as you have admitted to the kids marking on the walls.  In my experience with tenants who are hard on properties, paint jobs don't last long and touch ups usually don't work. Sounds like the LL is just trying to keep the place nice. Good luck!

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    9y
    Originally posted by @Account Closed:

    Thanks for all of the feedback!

    Responding to a few points:

    If I simply wanted to get out of this as cheaply as possible, I think I could stiffarm her and she would think legal action isn't worth it. And, I'm not simply daring her to sue, my PM friends are telling me that damage to a part doesn't necessarily equate to replacement of the whole, so court may not go well for her. I do want to give her what she is owed, and the advice so far has helped. I appreciate the people taking me to task. What goes around comes around, so I don't want to shortchange her, I also don't want to be a sucker.

    Thanks for the vote on the last post Doug but I don't think you have got the point yet. You damaged someone's property quite extensively. They are entitled to compensation from you. They estimate these damages at $3,600 over and above the deposit. You keep mentioning that it would not be worth it for the landlord to go to Small Claims but I see 3,600 reasons why she would. And others are right, she does not necessarily have to go to Small Claims Court she could just file with a collections agency. Although the head guy at the collections agency I use says it is always better to have a judgment.

    Doug, you don't seem to have much remorse for damaging someone else's property and are suggesting a variety of excuses that might in some way justify your damage or limit the landlord's claim against you. If you were my tenant and left a place in this condition there would be no negotiation. I would present you with a list of damages and the associated expenses for repairs and demand payment. Failing that you would be served. The judge is going to want to see before and after photos and an inspection report. With that in hand and your own admissions it looks to me like the landlord has a pretty clear cut case. Having a court judgment on your record will not be the happiest of experiences. It will however serve as a warning to other landlords, and that alone may be motivation enough for the landlord you have contemplated stiff arming.

  • Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes
    9y

    @Account Closed I am probably the only one to think that the amount your landlord wants to charge is excessive! After 30 months, a landlord is expected to repaint the unit ( at least in CT) so no judge here will grant the landlord the full cost to repaint the entire unit. It simply won't happen here! Not after 30 months which is 2 1/2 years.

    Same thing for the carpet. You are expected to make your landlord whole but not "better off" meaning you should only pay for replacing the damaged carpet in one room but not pay for new carpet for the entire unit. Plus most courts will depreciate that cost too. It wouldn't be fair to ask a tenant to replace a 5 to 10 year old carpet with a brand new one. Landlords simply can't get "free" carpet !!!

    You definitely caused some damages which you already agreed to pay for but you should not have to give new carpet and new paint job to the landlord. I'm not sure about AZ but the landlord will not get the amount she is requesting here in CT. For  the tile damage you have no excuse. So be fair and pay her but don't overpay just because!

  • Gardiner, ME · Member since 2015 · 190 posts · 177 votes
    9y
    I also agree that it seems excessive. The carpet maybe, maybe not. Hard for us to guess at real damage. If it was limited to one room? Depends how big the apartment is but you pay that room, and I have to pay the rest if I want to change it out. On a side note, islands of carpet with tile, or laminate etc in the main and connecting areas sounds pretty great right now. Paint, some deposit probably. But again I don't think you get to charge a full repaint for limited damage. 30 months is a long time. But it's hard for us to guess at the true extent of the damage. The patio is the thing that would annoy me. Can you really replace a few tiles? It's going to look weird unless it's natural stone. And it doesn't seem like an appropriate place for those. So yes I agree that it's excessive. But you really are pretty tough on the property. Is there an option for mediation or a third party? The real lesson should be take pictures and video as both a renter and landlord. 5 minutes may have saved you thousands.
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Ask your landlord to send you copies of all the contractors receipts for work and material.

    You are only responsible for actual material costs, prorated for normal depredation, and contractor labour costs.

    Many times you will find landlords try to charge for their own labour costs or for the value of items not actually replaced. Once you get the receipts decide what you feel is a legitimate cost. If she refuses to send you receipts you should be questioning her honesty.

  • Real Estate Broker · IL · Member since 2016 · 284 posts · 178 votes
    9y

    I feel as if you need to pay for the damages. I would ask for paper work showing it cost the amount she's saying. But, you should take responsibility for your actions. The landlord has a business. That's what makes her money. You tore it up, you need to fix it. She shouldn't have to fix anything out of pocket. Leave a place how you got it!

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    The landlord doesnt have to find the cheapest price , they just have to provide you invoices from the contractor who does the work . Be it high or low , thats not the tenants call .  

  • Real Estate Investor · Tacoma, WA · Member since 2013 · 87 posts · 55 votes
    9y
    Stephen E. Would you accept remorse as payment for damages? Doug Connolly I think you are fair in offering $1000 above security deposit. As others have said, you only owe for the damage you've caused. That does not mean completely new. Stick to your guns.
  • Investor · Phoenix, AZ · Member since 2015 · 31 posts · 21 votes
    9y

    Ok, whether I followed your advice to the letter or not, I appreciate everyone who weighed in, whether you think I am an aggrieved victim on a neanderthal who can't control his kids.

    I am going to pay the full amount. (And I told her so, so there is no going back). My reasoning:

    1) Recently, a tenant messed up our carpet to the tune of a full replacement. So, from circle of life perspective, it's clear that this stuff happens. I'm just on the other end this time.

    2) Plus, my sister in law and her family are dealing with a crazy tenant who owes them 11k. From a vanity perspective, I don't want to be the villain in someone else's crazy tenant story. Does that mean I give her everything she asks for because I can't stand that someone thinks I am less than perfect? No, but based on feedback here, she's clearly got a case.

    3) The major damage was parts of three things: walls, carpet and patio. Unfortunately, there doesn't seem to be a consensus on how to handle things like this when it is hard to only replace part of it. Stain in one room doesn't justify an entire replacement, unless we used the heck out of the rest of the carpet, which we may or may not have done.

    Anyway, her decision on the walls clearly worked in her favor. She got a new wall out of this . I think that's excessive. However, she's letting the patio pass. That clearly worked out in our favor. As for the carpet, that's a push. We definitely did damage and it probably didn't need a full replacement, but she got  at least got cheap carpet (which will buckle again, not my problem). So, it's one and a half to one and a half by my scorecard.

    Anyway, we are homeowners again, so our renting days are behind us. Please learn from our mistakes. As for me, ironically, this taught me that I wouldn't want to self-manage because I don't want to deal with tenants well, like me. Not that I am/was a bad tenant, but I'd rather outsource to a manager who deals with this stuff everyday day and knows when to pick their battles. From a tenant perspective, I probably would have caved to a property manager quicker, as I would have trusted their judgement from jump street. Now, I have  a better perspective, thanks to you all.

    Merry Christmas! And thanks for the input.

    Doug

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    9y

    @Account Closed It is right to make restitution in these circumstances and at this time. The cumulative effect of small acts of goodness is part of the Christmas message.

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