List of excessive damages that can be deducted from deposit

Real Estate Professional · Unknown , MN · Member since 2017 · 19 posts · 4 votes

My first tenant is moving out and it is not going smoothly.

There seems to be a lot of excessive damage to the house and I want to know what is normally considered excessive damage.

Is there a standard listing of typical excessive damages in rental properties?

thanks

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Max T.

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

Why do landlords say "they will not let me in the house" ?

Who owns the house?

Give them proper notice (24 hours in my lease) that you are coming over for an inspection. It isn't a question so you don't need permission. You have keys, right?

If your keys don't work, call a locksmith. Bill the cost to the tenants for changing your locks without your written permission. Then give your tenants a copy of the new key along with the bill.

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Brandon SturgillBusiness Member
Real Estate Broker · Columbus, OH · Member since 2013 · 3k+ posts · 1k+ votes
9y
@Bill Dodge It's whatever you specified in your lease (most likely)...otherwise, you would need to pursue legal action. As ironic as it sounds, if your lease did not specify this topic, you may be at legal liability for unnecessarily withholding the tenants deposit if he satisfied the terms of the lease (if there was one)...
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Ray Harrell
Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
9y
Don't you have a checklist of what each charge will be that you included with your rent? Anything beyond normal wear and tear is billable 100% to the tenant at the depreciated value. If a tenant destroys cabinets that are 10 years old, you would charge the depreciated value of the cabinets, not the replacement cost.
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Jeff B.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
9y
You're looking at this backwards. You should have a move-in check list noting the conditions and pictures taking at that time.
At move-out, it's another walkthru to note the differences.
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Bill Dodge
OP
Real Estate Professional · Unknown , MN · Member since 2017 · 19 posts · 4 votes
9y
The MN standard lease only states normal wear and tear vs excessive damage.
The large holes in the walls should be considered excessive but I was wondering if there was any kind of list that states what is normally considered excessive damages.
thanks for your responses..
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Bill Dodge
OP
Real Estate Professional · Unknown , MN · Member since 2017 · 19 posts · 4 votes
9y
We did do an initial walk through and there was nothing noted - no damages.
I have not been able to get into the house to inspect it yet - they will not let me in the house - but have hear that there are significant damages in the house.
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Patrick LiskaPro Member
Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
9y
If you had them sign something saying there was no damages when they moved in, then anything damaged is chargeable. a good check list like this: https://www.biggerpockets.com/files/user/kidsalot/...
(0ne Note) or this: https://www.biggerpockets.com/files/user/kidsalot/...
(excel) along with some pictures will solve any disputes.
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John Woodrich
Flipper/Rehabber · Minneapolis, MN · Member since 2016 · 1k+ posts · 1k+ votes
9y
If I recall correctly the standard MN checklist has a list you can use as a move in checklist.... In my experience the tenant has either gotten back all of their damage deposit or none. I don't nickel and dime them if they have fulfilled all obligations of the lease and kept the place in reasonable shape.
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Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
Why do landlords say "they will not let me in the house" ?
Who owns the house?
Give them proper notice (24 hours in my lease) that you are coming over for an inspection. It isn't a question so you don't need permission. You have keys, right?
If your keys don't work, call a locksmith. Bill the cost to the tenants for changing your locks without your written permission. Then give your tenants a copy of the new key along with the bill.
2 Reply
Bill Dodge
OP
Real Estate Professional · Unknown , MN · Member since 2017 · 19 posts · 4 votes
9y
It is not that easy if they file a bogus harassment lawsuit to keep you off of the property. Now you have to fight the lawsuit and try to evict them at the same time.
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Nina Ibrahimbegovic
Real Estate Professional · Clearwater, FL · Member since 2015 · 72 posts · 14 votes
9y
Can you "hire" a property manager to get inside ? Like your wife or gf or cousin ?
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Zach Scheer
Investor · West Hartford, CT · Member since 2015 · 102 posts · 29 votes
9y
For you next tenant find a move in checklist that has the charges on it. If they punch a hole in the wall the minimum charge is $50 or an hourly charge to repair. They walk thru with you and sign the check list prior to move in. Then when they are handing in their keys walk through again noting any changes. If there are damages write them all day and the cost. Send them a letter telling them exactly what was charged and how much it was. Show how much was taken out of the SD and how much more they owe, if they do.
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Zach Scheer
Investor · West Hartford, CT · Member since 2015 · 102 posts · 29 votes
9y
What does your lease say about entering the unit?
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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y
@Bill Dodge here is a copy of a blog that I wrote on security deposit s and normal wear and tear;
Security Deposits VS Normal Wear and Tear
This is probably one of the hardest things to determine and explain. What exactly is “normal wear and Tear”/ The definition is the deterioration of the property that occurs during occupancy where the tenant cleans regurarly and cares for the premises reasonably.
Remember security deposits are for the protection of the landlord in the event that something is damaged or really dirty.
What Can and Can’t be Deducted from a Security Deposit? I also want to point out that you MUST video or do a full walk thru with photos prior to the tenant taking occupancy. Possibly using a professional third party vendor for the pre-inspection is a great idea, give a copy to the owner and tenant
Excessive holes in walls
Broken tiles or fixtures in the property
Plumbing backups
Repainting where a tenant has repainted from the original color Tears, holes, stains or burn marks in carpets
Missing or damaged blinds
Broken windows and window screens
Broken doors and locks
Broken or damaged appliances
Excessively Dirty
Pest control if you see Bugs and or fleasJunk or trash left behind
Past Due rent
Fees incurred from fines from the association due to the tenants conduct or lack thereof Water damage to hardwood floors
Missing outlet covers
Remotes for garage or gate if not returned
Rekey of locks if tenants did not return the keys
Unpaid utilities, as long as they were part of the lease agreement Undoing a tenant alteration
This is a sample of things that are usually considered to be normal wear-and-tear and should not be deducted from a security deposit:
Slab or plumbing leak
Normal rug wear. Be especially careful charging a tenant for the entire cost of carpet when the carpets are like 10 years old
Picture or pin holes in walls, as long as not excessive Painting the exterior of the home
Pressure washing unless there are oil stains from their auto Routine maintenance
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