Would like to renew lease, but Tenant has caused some damage.

Would like to renew lease, but Tenant has caused some damage.

Miami, FL · Member since 2017 · 12 posts · 0 votes

I would like to renew my current tenant's lease, but after doing a yearly inspection there were a few things that I was not happy about. 

(This is the first time I am a landlord and it was not by choice, so I apologize in advance if my lack of knowledge puts off some of you, but I was looking for advise on how to proceed, if you may. )

So, what do you do when you find things that would come out of their deposit if they were actually moving out, but instead you want to extend the lease because they have been good tenants overall?

Let's say that it is $300 worth of damage and the repairs are not emergencies, but definitely not normal wear and tear. They have broken a few things and a few dents on the walls in example. 

Do you ask to add an additional deposit for that amount or do you have them fix these items themselves before renewing the lease and pending a re inspection? Or fix the items yourself and charge it to them on their next monthly rent payment?  Or none of the above ?

Please suggest the best way to go in this case please. Or if you need more info, I will be glad to provide it. 

Thanks a lot. 

0Reply
47 views

Most Popular Reply

Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y

I recommend having a handyman write you an invoice and fixing the problems. Then you charge that amount to your tenants with a copy of the invoice as documentation. Setting up a short term payment plan in writing is ok for expensive repairs.

It sets the precedent that you require the property to be kept in good condition at all times.

See this reply in the discussion

17 Replies

Jump to latestLatest
  • Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
    9y

    Don't worry about fixing it if they're not complaining. You still have their security deposit, so you'll just take it out of the deposit when they finally move out. If your deposit doesn't cover the damage, you may need to do something else.

  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    $300 is not enough to get worked up about.  Try to get them to acknowledge that they are responsible, but don't worry about getting it fix or paid for now.  Something along the lines of "this will be about $300 to fix.  You can either take care of it yourself, of we can take it out of your deposit at move out."  Document the conversation and their reaction and keep it in their file.

  • Investor · SE, MI · Member since 2013 · 1k+ posts · 461 votes
    9y

    I think Michele Fischer is spot on, I would add the option that you take care of it now and they pay for it now.  

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    You could increase security deposit with renewal to cover what's been done. I never permit tenants to do their own repairs unless it's as simple as them taking a screen or window to hardware store.. Wear and tear is normal,, sheet rock holes / dents are headache but easy to fix if you have same paint color. 

    Let them know you're covering estimated repairs that isn't considered normal wear & tear.. hope you took photos before they moved in. 

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    9y

    I recommend having a handyman write you an invoice and fixing the problems. Then you charge that amount to your tenants with a copy of the invoice as documentation. Setting up a short term payment plan in writing is ok for expensive repairs.

    It sets the precedent that you require the property to be kept in good condition at all times.

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    If in fact the damage is not normal ware and tear the purpose of regular inspections is, in part, to discover this type of damage and at that time fix and charge the tenant for the repairs. Repairing damage, as with maintenance repairs, is a ongoing process. You do not simply allow a tenant to destroy a property over time and expect to recoup the cost when they leave through the damage deposit. In the end the tenant will pay exactly the same amount for damages and be entitled to a refund of their DP if warranted at move out,

    Landlords expecting to have all damage costs covered by a tenants DP at time of move out are living in a fantasy world. When the DP is not sufficient to cover the damage chances of collecting the short fall is zero to none. IN addition many times a judge will not uphold a landlords right to withhold a DP to cover damages at move out. Waiting is a highly risky business policy when dealing with tenant damage. If you find damage and the tenant is responsible they pay then and there.

    You do regular inspections, repair and charge tenants for damage and at move out with no new damage they receive their DP back.  

    Max has the only correct and professional pro active response appropriate for dealing with tenant damage. Step up your game people and you will not have the issues so many landlords come on here asking help for.  

  • Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
    9y

    We're talking about some minor damage to the drywall, not property destruction. 

    As a renter I'd be pretty pissed if a landlord inspected a unit I was in and said 'oh, there's some damage to the drywall I'm going to fix it and charge you'. I'd definitely be looking at my legal options at that point to see if I could get out of paying it or sue the landlord. Now, if the landlord fixed it and didn't charge me it wouldn't be a big deal, or if they did it at move out time and did charge.

  • Miami, FL · Member since 2017 · 12 posts · 0 votes
    9y

    Thank you so much for your replies! 

    I would like to ask if the following would be considered normal wear and tear. Sorry again for my ignorance, but I don't want to alienate them for things that can be easily repaired wen they move out in the future, but at the same time, as someone pointed out, it sets a good precedent that the property should be kept in good condition. 

    So before I send in a handyman for a quote, do you think these are items that can wait until they move out or need fixing right away? Most of the damage is from moving furniture in I presume. And if you'd repair these items, would you just patch the dents for example or also paint? I'd think if you paint, since they walls are dirty by now, then it would need a whole wall to be painted? 

    Thanks for your input! 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    My opinion those are all tenant damage, actually serious damage, that needs to be repaired and bill to  the tenant. I can't imagine what the place is going to look like in a year. You will need to do quarterly inspections with these tenants and keep on top of the damage repairs or you will be sorry when they leave. Your new tenants are irresponsible animals.

    Look at it this way, they have damaged your property, if it were your personal home you were living in would you repair the damage or simply leave it and move on to another home in the future.

  • Investor · Springfield, MO · Member since 2016 · 39 posts · 11 votes
    9y

    I would talk to the tenant and tell them I like to keep the property in good repair for my tenants. And I noticed some things that needed fixing. Then I would fix the drywall (no charge) because chipped areas will get bigger.  If they had punched holes in walls, I would charge them for replacement. And I would replace the spindle and charge them for that replacement.  The last picture what is it?  If you installed something like a shower curtain rod and it pulled out - reattach more securely.

    Also if corners are getting chipped and knocked about, I would consider adding corner guards (plastic or wood) as an upgrade for my tenant.  If you want to keep them and encourage them to be careful with your property, a yearly spruce up (even if just fixing small dings in walls) will help.  

  • Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
    9y

    I'm not sure what the last picture is. If that's a shower rod...try to hit a stud next time. If it's a door handle, you'll want to add a wall protector where the handle hits the wall.

    The spindle is most likely your responsibility to fix, probably shouldn't be, but unless your tenants admit to causing the damage you're in for a bit of a fight if you want them to pay while they're living there and didn't ask for any repairs. (it's a safety issue -- a broken railing can cause a major injury which could get you sued and, even if it broke because of the tenant, you'll have to prove that they did it. 

    @Thomas S.

    Why would you even consider renewing their lease if they'd treat the property in such a manner and are "animals"? Personally at this point if I wanted to renew their lease I'd do it and ignore the damage, if I didn't like the damage I'd not renew their lease and take the repairs out of their security deposit and find someone else. 

  • Miami, FL · Member since 2017 · 12 posts · 0 votes
    9y

    Thank you all for replying. 

    I will be sending a handyman to get a quote and proceed with a few repairs. 

    In those areas of the walls that need to be filled with spackle to prevent further chipping, would you just leave the areas white or paint on top? Painting would add to their expense and would probably require painting the whole wall as I don't have the color number for the paint. 

    For the spindle, I hope it is not too hard to find one that looks the same at the local home depot. Should I paint this spindle as well?

    (the last picture is a towel hanger) 

    Also, they removed a door to the laundryroom that is now sitting in the garage. They explained that it was due to moving in the washer and dryer and having to remove in order to fit them inside. I image if they move out they will want to remove it again, so Im thinking it may be better to just not say anything and leave it as is. Thoughts? 

    I have not told them anything yet, so I need to figure out how to get this done and paid for by them before we sign the renewal, which should be signed very soon. If they were to say they won't pay for the repairs (which is unlikely) or that they want to pay when they leave, what would you do and how would you present these fixes? as a condition to renew or that is frowned upon?

    Thanks again for helping a noob landlord!

  • Durham, NC · Member since 2013 · 502 posts · 215 votes
    9y

    This is not wear and tear, this is damage caused by the tenants. If you let this slide, you will have your security deposit eaten up quickly. Have a handyman repair all that and charge your tenants for the repair.

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    @Pj Holmes , those pictures are pretty telling of how they treat your property.

    Since it is renewal time, I would tell them now that you have noticed these things on inspection, and that they need to be repaired. They are obviously tenant-caused, and I think you are going to be surprised at how expensive it is to match that drywall finish in the ceiling next to the stairs. I have that same finish in my house. Unless you're a seasoned pro, your repair will look terrible. (Ask me how I know!)

    I would not choose to renew these tenants. You're going to have a vacancy when they leave, because I wouldn't repair before they're out. They're just going to do the same damage moving that furniture out as they did moving it in.

    Fix the spindle right away - if you have photos of the condition of the staircase before they moved in, you can charge them for that repair too. 

    Absolutely none of this is normal wear and tear. If there was one chip, I may be inclined to overlook it, but these guys were rough on the house. 

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    9y

    None of that is "normal wear and tear" but none of it is serious. Drywall mud falls off corner beads without too much prodding - all it takes is a good bang with a piece of furniture. Replacing a spindle is no big deal. If the one picture is a towel rod, and it's in the wall with plastic anchors, again pretty common stuff. 

    Nothing that you showed here would make me panic. It still needs to be fixed. I would have that fixed and billed with the lease renewal. 

    Skyline Properties
    View Page
  • Miami, FL · Member since 2017 · 12 posts · 0 votes
    9y
    Originally posted by @JD Martin:

    None of that is "normal wear and tear" but none of it is serious. Drywall mud falls off corner beads without too much prodding - all it takes is a good bang with a piece of furniture. Replacing a spindle is no big deal. If the one picture is a towel rod, and it's in the wall with plastic anchors, again pretty common stuff. 

    Nothing that you showed here would make me panic. It still needs to be fixed. I would have that fixed and billed with the lease renewal. 

    I can understand that some of you may look at these pics and think they are rough on the house and need to be out, however they have been there for more than a year and it has been my bad as long distance landlord and newbie, that I did not inspect the home sooner. So the house should have been a lot worse if they were really that careless. All the damage seems to be from moving furniture in and would have to be repaired and paid by them before renewal. Thanks for helping me reach this conclusion. Lesson learned in that regard. 

    I will be sending a handyman to get a quote and proceed with a few repairs.

    In those areas of the walls that need to be filled with spackle to prevent further chipping, would you just leave the areas white or paint on top? Painting would add to their expense and would probably require painting the whole wall as I don't have the color number for the paint in order to do touchups. Plus the walls are dirty and new painted touchups will look just as bad in contrast with the dirty wall. 

    For the spindle, I hope it is not too hard to find one that looks the same at the local home depot. Should I paint this spindle as well or leave the paint for when they move out.

    (the last picture is a towel hanger)

    Also, they removed a door to the laundryroom that is now sitting in the garage. They explained that it was due to moving in the washer and dryer and having to remove in order to fit them inside. I image if they move out they will want to remove it again, so Im thinking it may be better to just not say anything and leave it as is. Thoughts?

    I have not told them anything yet, so I need to figure out how to get this done and paid for by them before we sign the renewal, which should be signed very soon. If they were to say they won't pay for the repairs (which is unlikely) or that they want to pay when they leave, what would you do and how would you present these fixes? as a condition to renew or that is frowned upon?

    Thanks again for helping a noob landlord!

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    9y

    Slice off a piece of drywall (just the top paper, not all the way through) about the size of a business card right next to the spot that you will be repairing and bring it to Lowes or Home Depot. They can color and sheen match it for you.

    Skyline Properties
    View Page
Join the conversationCreate a free account to reply, vote on answers and follow this thread.