Do you provide evidence of damages to your tenants?

Question

I've asked this before years ago but can't find the thread. I have date/gps time stamped photos from before move in and after. The damages exceed their deposit, but not by so much it's worth sending them to collections for the $160 over their $1,500 deposit. That said I am considering including the images in my response to them to head off any possibility of dispute in court. While I don't want to give them evidence that could be used against me, at the same time I figure this is likely to head off a dispute and even if not, it's the same evidence I'd present in court anyways.

So include the images or no?

John Underwood · Answer

I would not include pictures.

Just provide an itemized list of the damages. I might mention that you have photos of the damage in their file.

The reason for this is so that they can't argue about the pictures at this point.

Filipe Pereira · Answer

Hi @Jack B.,

I agree that trying to recover the $160 is not worth the effort.

To answer your question, as a property manager in Connecticut, we always include photos if we are deducting funds from a security deposit. We have found that if we deduct funds from a security deposit, tenants are almost always likely to reach out asking for more details or information. We believe that honesty and transparency are the best policies, so we lay everything out in the letter along with their check for the remaining funds. We may not send every single photo, but we send enough photos for them to get an idea of why we are deducting funds.

This has resulted in a significant decrease in follow-up phone calls, emails, and general questions regarding deductions from security deposits. Which has in turn allowed us to free up time to do other things in the business. It is a win-win for us because tenants don't feel like they are being cheated, and we gain hours of time back.

I should also mention that we supply a list of common security deposit deductions both at move-in and at the time of their move-out notice. This goes a long way, but obviously there are certain tenants who completely disregard it.

Kim Meredith Hampton · Answer

@Jack B. we always perform inspections with a whole report and photos for move ins, move outs and any renewals with photos. We don’t share them unless asked or we have a problem. One thing we do is we send the check with the certified statement of move out charges, seems to work better. Bird in the hand scenario. People are far less to call and complain if the have money in their hand. as we all know, some people will complain about everything!!!

Account Closed · Answer

I do think that it's beneficial to show someone why they would lose if they took me to court.  This works for me for any potential legal problems.  So, I would include photos that showed damage.  And I'd give them an itemization that showed they owed more than their deposit and I'd tell them "but I'm willing to settle for just your deposit."  Assuming you're being fair.

Jack B. · Answer

I sent the pics 1) because logically as I explained it will likely reduce the likelihood they complain and 2) I will have to present the evidence in court anyways. They accepted the damages and said that was pretty much what they expected and it seemed fair.

Sylvia B. · Answer

I provide a detailed accounting of deductions, and include the statement, "Photos and receipts are available upon request." We also include a list of common deductions in the move out instructions letter that we send.

Michael Noto · Answer

They know what it looks like. They left the apartment in that condition. Just provide a line by line accounting of what the deductions are for and if they or a court presses for pictures provide them then. I find if it is presented professionally and the deductions are legit then most tenants won't hassle.

Mary M. · Answer

I am curious - if you are mailing a check with the accounting, do you print out the photos and include?

Mary M. · Answer

Sure, I give as little info as possible and as much as needed. I dont think pics are needed unless they question the accounting.

Jack B. · Answer

I articulated MY reasoning for including the pictures. Care to articulate your reasoning for not including them? It would be helpful if you did.

Do you provide evidence of damages to your tenants?

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