Landlord Question and Answer Forum

I'm a new landlord, only done this for one year. The tenants always paid rent on time. However I was in apartment 3 weeks before they moved out (with their permission - they were gone for the weekend and I was showing the apartment) and they had all windows in basement open in the middle of winter 15 degrees out and they had been left that way for several days. They had been smoking in the basement and garage and left ashes and cigarette butts. Smoking and leaving windows open during inclement weather are both lease violations. I emailed her that they had violated the lease and it needed to stop immediately. She moved out at the end of the lease and left a lot of trash and didn't clean the bathrooms. She took the outdoor fire pit and the garage door openers as well and ruined 2 large area rugs that were on the hardwood floors. I know I can deduct the property she took, the rugs and a cleaning fee. Is the deposit forfeited because she broke the lease by smoking and leaving windows open in the winter or do I not have any recourse on that stuff since she's moved out? thanks for any help/advice

YES, is the straightest answer. Collect photos always, and when you send notification like email make sure there is a paper trail. Also when you keep the security be sure to send them a notice of what it will be used for and keep a copy for yourself. In this notice Itemize it so that it is clear and the tenant cannot expect it. Keep a record of everything and receipts for replacement, cleaning, even estimates.

Posted by Justin R, IL on Thursday, December 24, 2015