Deposit deductions rekeying, holes in ceiling, flooring

Deposit deductions rekeying, holes in ceiling, flooring

Real Estate Investor · Dallas, TX · Member since 2013 · 388 posts · 174 votes

Hello all,

Tenants have left and I wanted to know if I could deduction from deposit for re-keying locks? I ask because I have 5 doors with locks.   I looked at the Texas Rental Handbook, but it doesn't say if I could charge. 

Second, tenants drilled holes in living room ceiling to hang their TV screen, I have to get a painter to patch that up is that deduction?

Third, some of my hardwood floor in living room is damaged. Looks like water damage. On the move in condition form they didn't mark it and I don't remember it being that way (2 years ago). Otherwise the floor look brand new. Could that be a deduction?

Thank you for your advice.

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
7y

Changing the locks is not tenant-related damage and (it is my understanding that Texas law requires the landlord to change the locks.)  So, no, you should not charge for that.   Consider installing Quickset locks that can be reprogrammed instantly.  That will reduce your turn costs

The other items are tenant damage and not normal wear & tear.  

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    7y

    Changing the locks is not tenant-related damage and (it is my understanding that Texas law requires the landlord to change the locks.)  So, no, you should not charge for that.   Consider installing Quickset locks that can be reprogrammed instantly.  That will reduce your turn costs

    The other items are tenant damage and not normal wear & tear.  

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    7y

    @Luke H.

    A security deposit is for damages caused by the tenant.  Changing the locks is a requirement of the landlord in Texas and therefore not damage 

    As far as the other items, my best advice is to only deduct what you are prepared to defend in court.  

  • Property Manager · Jacksonville, FL · Member since 2018 · 514 posts · 470 votes
    7y

    @Luke H. I agree that you can't charge them for changing the locks. That's on the landlord whether they want to do that or not. But the other two issues I think it's reasonable to charge. If the Texas law doesn't state anything then just make sure you follow the rules for deducting from the deposit. For example, in Florida we have to send a certified letter to their last known mailing address within 30 days stating what we are deducting and why. The tenant has 15 days (if I remember correctly) to reply. Even if they miss the deadline they can still file a claim in court later on. Just make sure to follow the rules with this one.

  • Investor · Las Vegas, NV · Member since 2012 · 119 posts · 104 votes
    7y

    You need to change the locks and the garage door opener code with each turn at your expense. Buy the landlord locks you can rekey yourself. The rest is damage that can be charged against their deposit.

  • Attorney · Austin, TX · Member since 2014 · 888 posts · 759 votes
    7y

    As for the TV mounting, most holes are not much bigger than a 1/4" hole.  If it can be covered with sheetrock mud, consider it part of wear and tear.

    As for hardwood, you didn't take pictures for marketing?  Can't remember the state.  Are you planning on making repairs?  Unless you are planning on repairing, sounds like wear and tear.  

    Re-keying is not optional in Texas.

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