Can I deduct from Security Deposit?

Can I deduct from Security Deposit?

NV · Member since 2012 · 144 posts · 6 votes

Hi guys,

So my tenant just moved out of the place and wanted to get your feedback as far as what you all think is reasonable to deduct.

Above are the pictures of damages caused by the tenant.

Before Move-In

During

Move Out

Below are the rest of the damages.

- Bedroom blind missing rod.
- Neighbor shares a common block wall, where neighbor had new gate installed, in the process of installing their gate, it damaged my gate.  I told him to resolve it with the neighbor, but he went ahead and just put some epoxy to try to fix it.

Now, for possibly the biggest expense of all....SMOKE ODOR!

My lease clearly states no smoking, they say they smoke outside, but you can definitely smell it in the master bedroom.  I would say it's a medium strength, I must of showed the house to 10 families and four of them complained about the smell.  

In case they tenant tries to sue me, I got two written quotes from odor restore companies that also states the odor at the house.  The carpets in the whole house I would give a grade D.  I maybe able to get someone if I just steam the carpets.

Here's the list of items I'm thinking about doing to remove the odor.

1) Shampoo Carpets
2) Clean Walls
3) Air Ducts Clean

If that does not work, can I charge him for new carpets & new paint in the master bedroom? 

What would you guys do? I want to be fair and I want to be prepared in case he tries to take me to court.

Thanks.

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
12y

Yes, absolutely the landlord would be responsible for random vandalism. 

Your neighbor is responsible for damage he caused, not your tenant. 

If a driver has a heart attack, and drives into your house, your tenant is responsible?

If tree roots invade your sewer pipes, your tenant is responsible?

Are they supposed to repaint the exterior every 5 years?

Tenants aren't responsible to "maintain" or repair the property, for damages not caused by them.

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  • property manager · Las Vegas, NV · Member since 2012 · 502 posts · 171 votes
    12y

    @Bruce L.  

    We see those stains all the time, get it pressure washed.

    @Account Closed    the self painting Vs. contractor painting is issue is a new hot bed, especially when in court. Here is the start of it from NSCB: 

    An owner-builder is a person who owns the property and acts as their own general contractor, and either does the work themselves, or hires licensed subcontractors on the project. An owner-builder is either building or improving his or her residential structure on the property for his or her own occupancy and does not intend to sell or lease the residence within one (1) year. An owner of property who requests an exemption pursuant to NRS 624.031(4) must apply to the Nevada State Contractors Board for an exemption.

    Then if you try to get a NRS 624,013 exemption, you attest to the below:

    As an owner-builder, you must acknowledge the following obligations and duties:

    • I may not sell or lease this property. If I sell or lease, or offer to sell or lease the structure within one (1) year after completion, it may be presumed that I have violated the provisions of the exemption and Chapter 624 of NRS.
    • I may not hire an unlicensed person to act as my contractor, agent or construction manager.
    • I must directly supervise the construction.
    • Any subcontractor(s) working on this project must be properly licensed by the Nevada State Contractors Board.
    • Any person working on my project who is not a licensed contractor must work under my direct supervision and must be employed by me. I must comply with all state and federal laws as an employer in the State of Nevada, including payroll deductions (FICA and Income Tax withholding), provide industrial insurance coverage and pay required unemployment compensation for that employee.
    • If my project requires the repair, restoration, improvement or construction of a pool or spa, I acknowledge my obligation and duty to comply with the provisions of NRS 624.900 - NRS 624.930 (Inclusive).
    • I acknowledge that I have received copies of NRS 624.900 - NRS 624.930 (Inclusive) and NRS 278.573 
      • So going to court with a handful of paint material receipts and a the $500. spent on labor will cause the landlord to loose. Anyone interested can dig and find the $$ limits. They are fining people and giving tenants a great way to get off the hook.
  • property manager · Las Vegas, NV · Member since 2012 · 502 posts · 171 votes
    12y

    @Bruce L. 

    You know, rather than continue with situations like this, @Phillip Dwyer  managing the property sounds like a much cheaper option than you hoping things come out alright. Have you thought about how cheap management is compared to the headaches when your not sure of all the laws?

  • Real Estate Agent · Henderson, NV · Member since 2011 · 1k+ posts · 550 votes
    12y

    @Tiger M. Thanks for the props!  @Bruce L. Tiger ain't too bad himself.  

  • NV · Member since 2012 · 144 posts · 6 votes
    12y

    Might be too early for this, but has anyone here ever installed a security camera to monitor vanlisium on your rental properties?

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