All Forum Posts by: Mike Franco

A 12mil wear layer is just 0.3mm thick. That's your typical lifetime warrantied LVP.

The common theme among reviews of all different brands is scratches.

Do you really think LVP is durable flooring? because it doesn't sound like it.

she was handing over the keys, and stuck around.

I'm not afraid of her. It's just her litigiousness was annoying. Huge relief now she's gone.

Good riddance. Tenant just moved out, but she was giving off litigious vibes during move out inspection, especially when she said that original laminate countertop is a 'hazard' because her toddler granddaughter hit her head on the corner multiple times, and that I should notify my insurance company. (notify for what?!)

I felt my blood pressure rise when she said that. 

This kind of tenant is scary; the kind who would sue you for slip and fall.

I hope you guys never get someone like this.

While we're at it, are wall outside corners a hazard too because you can't walk straight and bump into them?

Take a look at these countertop corners, original countertop from 1966. 

Look at all the walking space around them. Are they a hazard?

Lauren, what state are you in? 

Tenants can opt to have me call the carpet cleaner, so we're not dealing with an "unknown carpet cleaner", but tenants are expected to pay one way or another.

If you provide professionally cleaned carpets to tenants, should they not cover the cost to return the carpet to professionally clean condition?

You don't think that is reasonable, common courtesy?

Our contract says the security deposit is used to return the unit to the "same level of cleanliness"

California civil code. CIV §1950.5. 
a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant.
(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy.

A germ filled carpet which was dry vacuumed is not the same level of cleanliness

I'm not kind, but I do obey the law. I try to keep it professional with tenants. I did not charge July rent because I wanted to get the tenants to move out, because they were trying to cause legal problems.

I'm conflicted about this carpet cleaning situation not because I'm kind, but because California has a ruthless 3x penalty for frivolously deducting from security deposit, and our stupid contract is vague and open to interpretation.

Here's the exact line in my contract... " 

• 1. Upon RESIDENT’s vacating the premises, OWNER/Agent may withhold from the security deposit only such amounts as are reasonably necessary to remedy RESIDENT defaults including, but not limited to, the following:
     
• to clean the premises, if necessary, upon termination of the tenancy in order to return the unit to the same level of cleanliness it was in at the inception of the tenancy,

According to Avvo, some attorneys say you can't deduct for something that looks clean. But I imagine there are some judges who will agree that after 4 years occupancy, your walmart dirt devil will not suck up all the sh** you bring in on your shoes, even if the brown carpets look clean. On the flip side, there are judges who don't like landlords and might penalize you 3x $110 if they think "if it looks clean, then it is clean." 

Carpet is an item that is universally bitched about by tenants. People conflate wear and tear with cleanliness.

A carpet can be slightly worn, with irremovable stains, but clean of dandruff, dander, and other crap. A stinky carpet is not normal wear and tear, but some might disagree.

I'm sure I can logically argue my case in front of a judge, but is it worth it...

And yes, I have revised my lease contract template for future tenants, explicitly stating truck mount steam cleaning professional is required.

I just love when tenants get all hostile when it's time to move out and their security deposit is on the line.

Would you charge for carpet cleaning in this case?

Tenant lived in the house for 4 whole years. I know they all wore shoes inside the house on the carpet.

They were otherwise pretty clean. 

Up until 2 days ago, they were still scrambling to move. I told them I had the carpet professionally steam cleaned before they moved in 4 years ago, with the expectation that they would call the professional steam cleaner upon moving out. I showed them the carpet cleaning receipt from 4 years ago.

Today I do the move out inspection, and tenant says she did the carpet cleaning herself. When I asked her what she used, she was stuttering trying to give me an answer. I asked "was it a steam cleaner?" Did you rent a machine?

"what? Steam cleaner?" she answered. She was fumbling. 

I see vacuum marks, but I haven't smelled the carpet yet. The carpet doesn't look dirty, but you know you can't see that microscopic gunk and odor in the carpet.

Pro steam clean only costs $110. She spent $650 to do asbestos testing on my house to try to f*** me over, and now she's too cheap to hire a truck mount steam cleaner for $110. Amortized, that's like $25 per year over 4 years.

Lease contract says to return premises to original level of cleanliness upon moving out. Tenants did not trash the place, so that's good. But I could argue the carpets are not the same level of cleanliness.

Because of the asbestos situation, for which I was cleared, I lost close to $3000 from lost rent and hiring an asbestos consultant. I didn't charge them rent for July, even though I could have.

All things considered, would you hire a truck mount carpet cleaner and deduct from security?

you can charge whatever you negotiate.

I dunno about you, but our standard contract says guests can't stay for more than 30 days in any 6 month period without written consent.

From what I've read, I think 30 days is the magic number before special tenancy rules start to apply and crap gets complicated.

So whatever you negotiate, get it in writing.

You are within your right to increase the rent. They must have looked at the market and realized what a steal they were getting.

I'm assuming they are now on a month to month lease? If so, maybe they're looking to move out soon again, and this is just a short delay in the inevitable vacancy and prep you'll have to do soon. So definitely increase the rent to offset your costs.

Don't put much stock in the large number of inquires. Most of them amount to nothing, tire kickers, unqualified people.

When I listed my $2500 rental recently, I got 63 inquires in a week, half the people who booked a showing were no-shows, and the rest of the inquiries were flakes who stopped responding. Out of 63, only one family was serious and put in an application.

does your state have duty to mitigate?

I don't think holding tenant "liable for remaining lease payments" will hold if so.

if your rental is in NY, looks like the new law says to mitigate ... 

https://www.nyrealestatelawblog.com/manhattan-litigation-blog/2019/july/the-2019-changes-to-new-york-s-landlord-tenant-l/


https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-new-york.html

has she ever heard of a paint brush?