damage to rental that is not fixed on turnover, security deposit?

damage to rental that is not fixed on turnover, security deposit?

Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes

I have a tenant that just left a property.  I am glad they left and let them break the lease as their priorities no longer included paying rent.  They went to Disneyworld, bought great toys, ate out often, etc.  But the rent came in small increments, maybe 5 payments to get to their $750 rent.  Oh, and they both quit their jobs!  But will be getting new ones---someday---if they find one that they like and pays well, and lets them off when they want.  There were also calls of he left, fight, he is back, we love each other...

Soo, they are gone.  However, they did a lot of damage to the property and I will be seeking compensation through the court system.  And likely will collect, parents will pay up to get it off their record.  They actually moved to a parent's house because I was 'harassing' them by asking them to pay their rent, and giving them a late notice.

What do other landlords do for damage that you do not fix?  Do they just get away with it?

Example 1, in their no smoking unit they burnt cigarette marks on the rim of the bathtub.  I won't replace the tub for this because that is a major project, it won't fit out the doors.  But do you get any compensation for this type of damage?  It looks like crap!  

Example 2:  the entryway had linoleum before transitioning to vinyl plank flooring.  We purposely left that flooring surface because it was in perfect condition and with the snow and rain, that 4 foot by 6 foot area gets wet.  They ripped it when moving their stuff out.  Ripped down to the cement floor.  So I will have the plank flooring put over it.  The damaged floor was not new, but perfect.  What do you charge for the new flooring?  I was thinking of charging only labor, not the material.  It that fair?  legal?

Example 3:  they got into a fight, or anyway, somehow, punched or knocked through paneling that was painted.  IT cracked the wood, splintering it, but not a hole.  The only 'fix' would be to drywall the room.  It would not be feasible to do right now, with the cost of drywall and labor, and I would not reasonable be able to charge then for more than a very small part of that, how much?  Or do they just get away with it, at no cost?  I would not buy paneling to put there, it will never match the thickness of the old paneling, plus that seems to be a waste of money.

Example 4:  They removed the wired in smoke detector.  They CUT the wires so a new one can not be attached-the wires are too short.  So I can not charge them for a replacement.  It won't be replaced.  There already are several battery ones.  Also, one of the ten year battery smoke detector has a dead battery.  It is the one right next to the one they cut.  The battery one will be replaced, but I am guessing at my cost as I can not prove they did it intentionally, even though they definitely did smoke in the property, and a lot to use up a ten year battery in 5 months.

I kind of feel like way back when I was a teen, decades ago, the insurance company would give you $100 to $300 if someone else damaged your vehicle with a big scratch, because it was not worth fixing, there was a consequence, but maybe not now for rentals that get these types of damages.

Usually I just do not go after these type of damages, but for these people I will.  There are a lot of other things, like just peeing all over the floor, intentional things that they will be paying for a cleaning service to clean.  And plumbing--they twisted the shower head off from the pipe into the wall, and smashed to tub water off/on knob, pulled the facets out of the sink, just jerks...filthy jerks

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  • Curt DavisBusiness Member
    Flipper/Rehabber · Memphis, TN · Member since 2008 · 5k+ posts · 2k+ votes
    5y

    Most likely you will not see any money for the damages.

    Rarely ever works in my experience.

    Curt Davis - KAIZEN Realty538 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    1. I think you're overly optimistic in what you will collect, but you know them better than I do. On average, I think you can expect to collect from about 10% of the tenants you get a judgment on.

    2. Don't over-think this. Make the repairs and charge the tenants. The law says you should charge the depreciated value, not the cost of new. If they trash a fridge that's 10 years old, you shouldn't charge them the full cost of a new one because the one you're replacing has already depreciated significantly. If you replace flooring that is only 1-2 years old and was in perfect condition, then you may choose to charge the full replacement cost.

    The DIY Landlord Book4.7248 Reviews
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