Real Estate Professional · Unknown , MN · Member since 2017 · 19 posts · 4 votes
If the out going tenant puts multiple holes into the walls and therefore makes the property un-rent-able until the holes are fixed, is the out going tenant responsible for the loss in rent income ( 1 month) and can it be deducted from the Damage deposit.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
I'd recommend you download a copy of the MN landlord tenant laws as this is rule book.
So:
1. If the tenant moved out you can charge for repairs.
2. If the tenant vacated, moved out as planned, with proper notice you can not charge for the time the apartment is down while you do repairs to make it ready for re-renting..
3. IF the tenant left and didn't give notice, you can charge for the balance of the lease up to the time you re rent but you have to show you started trying to rent the unit right after you knew the tenant moved, (take a copy of the ad you put up) Then if you re rent you can't charge the old tenant for any further days. Basically you can't charge rent double from old tenant and new one..
Ex: Tenant had lease that ends May 31. They didn't pay April rent and left early April 5th, they damaged the walls.. You charge for April Rent, You charge for May rent. you charge for fixing walls. You send out move out charge sheet with those charges within the 21 day MN time period ,so if they left April 5, the mover out security deposit charge sheet has to be in the mail by April 26th..And you put it in the mail not email, if you don't know where they moved address to the apartment they just left, the post office will either forward it or return it, if returned don't open keep it on record.
You start to advertise April 10th, you get new tenant to move in by April 20th..
You then need to send adjusted move out charge sheet. showing the new change, charging only the rent for the last 10 days of April and nothing for May... and you can charge still for the repair work.
Hard to say if you'll get any money out of them over what they had for security deposit if they left a damaged unit.
Alhambra, CA · Member since 2015 · 142 posts · 78 votes
9y
Not an attorney. You can charge tenant for repairs all day. If you don't have sufficient deposit from tenant presumably you can file a lawsuit in small claims court or superior court (with attorney).
Holes in the wall can get fixed in a weekend. Not sure how you will prove to court one weekend of work took you a month to finish? I mean you might have a claim on lost income from 2 days of the unit not being able to be rented, but I promise you the cost of attorney representing you in court is more expensive than fixing the holes and getting a new tenant. But up to you. Feel free to call an attorney, they charge by the 1/10th hour :)
Let's be honest, you're really upset. Get over it. Some tenants are crazy AF! At least now you can do some rehab and raise rents! Yay property ownership!
Investor/Realtor · Hoover, AL · Member since 2010 · 1k+ posts · 459 votes
9y
@Bill Dodge..Deduct damages from Deposit and keep it moving. A Handy man can repair and paint in short amount of time..It's a shock when you see damage caused by a tenant, but it's part of the business...
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
I'd recommend you download a copy of the MN landlord tenant laws as this is rule book.
So:
1. If the tenant moved out you can charge for repairs.
2. If the tenant vacated, moved out as planned, with proper notice you can not charge for the time the apartment is down while you do repairs to make it ready for re-renting..
3. IF the tenant left and didn't give notice, you can charge for the balance of the lease up to the time you re rent but you have to show you started trying to rent the unit right after you knew the tenant moved, (take a copy of the ad you put up) Then if you re rent you can't charge the old tenant for any further days. Basically you can't charge rent double from old tenant and new one..
Ex: Tenant had lease that ends May 31. They didn't pay April rent and left early April 5th, they damaged the walls.. You charge for April Rent, You charge for May rent. you charge for fixing walls. You send out move out charge sheet with those charges within the 21 day MN time period ,so if they left April 5, the mover out security deposit charge sheet has to be in the mail by April 26th..And you put it in the mail not email, if you don't know where they moved address to the apartment they just left, the post office will either forward it or return it, if returned don't open keep it on record.
You start to advertise April 10th, you get new tenant to move in by April 20th..
You then need to send adjusted move out charge sheet. showing the new change, charging only the rent for the last 10 days of April and nothing for May... and you can charge still for the repair work.
Hard to say if you'll get any money out of them over what they had for security deposit if they left a damaged unit.
Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
9y
usually holes can be repaired over one weekend unless they did malicious damage and put huge multiple holes throughout the unit.
If it was a few holes or nail holes, then you probably won't win as most courts would considered it wear and tear even though most of us would think not....but the court wins. Plus the time you put in it chasing it down.
If it was a total screw job, you can not charge them for loss rent, but you can charge them for the repairs providing you followed all the laws regarding security deposits. Also, the work has to be done by a contractor with an actual invoice (you can not do it yourself and claim a $$ amount)
Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
9y
@Bill Dodge charge them the amount of the repair from their deposit and fix the holes. They get fixed in the morning, painted in the evening, or spread it over 2 days. No one who has ever heard of a wall would believe you lost 1 month of time unless they put holes through the entire home. Even then, you charge the repairs, not loss of rent. Your insurance may have a loss of rent rider on it, in which case if the damage is high enough to make a claim you can get compensated that way. Check your local laws to verify.