Real Estate Agent · San Antonio, TX · Member since 2019 · 33 posts · 6 votes
I have a tenant that moved out Feb 8th even though his lease was up at the end of the month. I received the keys the 8th. I want to do right by him and give him his deposit back as early as possible but for legal purposes do I have 30 days after the end of Feb?
He was really clean but obviously I have to make it ready to either rent or sell. Does everyone go half on cleaning fees? Also there was one issue, I guess there's something wrong with my dishwasher because the floor behind it rose up a bit so it'll have to be repaired. Would I be able to charge for this or a portion of it? He's been a good tenant and always paid on time but if he would've told me this was happening sooner I would've gotten it taken care of before it got as bad as it did. I'm leaning no on that one because it was not anything he did but was curious on some thoughts. Thank you!
Attorney · Boston, MA · Member since 2018 · 109 posts · 63 votes
6y
I agree with @Erik W., this will vary by state. In my state of MA, wrongly withholding any of the tenant's deposit can expose you to treble damages, so landlords either don't bother with the deposit or they err on the side of caution. The fact that the keys were returned to you though and that you accepted them likely evidences the termination of his tenancy regardless of what the lease says.
As far as cleaning fees, your lease may address this. In my experience the standard is usually leaving the unit "broom clean," as in the tenant is not responsible for making your unit fully market-ready for the next tenant. You're generally expecting to eat the cost for shampooing or replacing old carpets, freshly paint the walls, etc. I would typically charge if there is either trash left behind or if the place is filthy.
As for the dishwasher and in my personal opinion, it doesn't really sound like you have sufficient grounds to withhold any of his deposit here. Do you have evidence that he would have or should have known that it was broken/leaking?
My favorite source for a beginner is Every Landlord's Legal Guide by NOLO. It's a big book full of practical advice from marketing, screening, leases, collecting rent, etc. It is written by attorneys and includes the law, not just opinion. It has links to your state laws so you can (and should) read them for yourself but it also includes summaries of important laws like how to handle security deposits or evict tenants for failure to pay rent. It also includes common forms that you can edit and use. Their web site is a free resource with links to your state law but I highly recommend the book for some of the practical advice they provide.
This is a business you are running. You should standardize your expectations and communicate those. How clean was the rental supposed to be left in? I oversee maintenance and turnovers for a number of property owners and some have specific standards. Those standards get clearly communicated to the resident.
We also have a deep clean done to make the place show well after any repairs or upgrades that is NOT a past tenant's responsibility.
If you don't know what level it should be cleaned at, how would the tenant? I would have it cleaned and fix the water damage and dishwasher. Do inspections at a minimum annually and look for problems like water leaks.
Come up with clear expectations of what YOU want cleaning-wise and communicate that clearly in both the lease and move-out paperwork so the tenant can meet your expectations.
If this guy moved out early, I would hold back the rent that was due to the end of the lease and nothing else unless you place someone sooner.
You're absolutely right! It was a little overwhelming when I started in 2015 but at this point I need to have standards in place. It's going to be something I do before ever looking for another tenant. Thank you for the comment.
Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes
6y
Give him back his entire deposit! He left it broom clean. I'm assuming he paid February rent. How was he to know that the dishwasher was leaking in back and damaging the floor under the dishwasher?
Go half on the prep for the next tenant, when he left it broom clean? Come on! You want to be that schmuck of a LL who looks for every possible reason to keep the tenant's deposit? You'll wind up in small claims court, paying damages.
And if he returned the unit, gave you the keys, and gave you a forwarding address, the clock started ticking on that day, not the end of the lease.
Real Estate Agent · San Antonio, TX · Member since 2019 · 33 posts · 6 votes
6y
@Karen F. I pretty much agree with what you’re saying I was curious on how other landlords handle this kind of situation. The only thing I’m stuck on is the dishwasher. It’s very clear something was going on and that’s negligent. You would trip over the planks, it couldn’t be more obvious unless the planks literally popped straight up. It could’ve been as simple as letting me know something is going on as it’s happening over time.
@Willie Cedillo it sounds like the perceived guilt of holding onto the deposit is what's getting to you here and not the indecision of if the tenants were negligent. You just stated for the 2nd or 3rd time now that their negligence caused the excessive damage to the floor. Would a normal person have seen the dishwasher leaking onto the floor each time the appliance was ran as an issue? I think any reasonable person or judge would say yes. The tenants are responsible for reporting issues to you so you have an opportunity to take care of the problem, improve their living situation, and protect your investment. If they failed to do that they should burden the financial responsibility.
If your still struggling eat the additional cleaning costs this time, charge the flooring damage, and then improve your processes and upfront tenant expectations so this is a clear what does my lease/procedures say.
Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes
6y
The damage to the floor from the leaking dishwasher sounds serious. And you're right, if he had notified you of it, you could have had it repaired, and avoided the floor damage. I would charge him for the repair of the floor, but not of the dishwasher.