Landlord Question and Answer Forum

I had tenants that recently moved out, they cuased damage to a vinyl floor that I had to replace as well as holes in walls they tried to fix, but did a poor job, they tried to cover the holes but it does not match the texture of the walls. They also felt that I should just cut out the damaged vinyl floor and ptach it. I was told by flooring company that would only hold up for about a year or so and I would end up replacing. The damages are about $400 over their security deposit and I do not like the idea of having to settle for damaged propoerty. I have sent them 2 notices demanding payment. They hired a lawyer who sent me a letter stating they do not feel they should be charged to replace the entired floor and his client fixed the holes in the walls. The lawyer also stated he would hope that keeping their entire security deposit, which his clients expected back, should be sufficient. Looking for hope and holding people accountable Doug

Hi Doug, since they lawyered up... it seems like it could be a battle of tit for tat and spending time and money. Sometimes as a landlord its better to just cut your loss and move on to something that will make you money vs spending it. I know that sounds so frutrating, but you have to ask yourself if $400 is worth it. Good Luck!

Posted by karen s, WI on Wednesday, December 12, 2012

Thanks Karen but sometimes it is also a matter or principle. And in ID a landlord can be awarded attorney's fees as well as 3 times the actual amount claimed. I'm in a similar situation, except tenants did approximately $5000 worth of damage. What can I do to collect the $3600 their deposit doesn't cover? BTW, most of the damage was done by a dog covered under a pet addendum. Chewed through posts holding up patio roof, deck posts and gouged vinyl privacy fencing along with completely digging up the back yard. I'm trying to be more than fair as the damages were assessed at closer to $8500. HELP!

Posted by Paula S, WA on Friday, January 11, 2013

Taken into consideration Douglas’ description of damages and the balance due, I would agree with Karen’s suggestion. This is assuming that all repairs including replacing the flooring cost $400 more than the sec.dpst collected. …..As a side note: never let a tenant’s lawyer change you mind. The lawyer is only writing what the tenant wants lawyer to write hoping to scare you off. If you feel you have a case, go for it if the time and cost is beneficial and not as a matter of principle -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

Posted by Bob R, CA on Friday, January 11, 2013

And go for the full amount, not just an amount to "be nice".

Posted by Dawn A, WI on Friday, January 11, 2013

I want to thank you all for responses. To provide an update, I decided to fill suit in small claims. Subsequently I received a summons from the tenants stating they are seeking a full refund of their deposit, stating normal wear and tear. You just have to love people in our society these days! I truly am looking forward to going to court and hearing what the judge says about their claim. Sincerely Doug

Posted by douglas h, ID on Friday, January 11, 2013

Keep in mind that you can not charge a tenant the full cost of replacing the flooring. The courts will prorate the amount owed depending on the flooring’s life base on IRS depreciation. In other words, if the flooring age is greater than the IRS depreciation (in yrs), you will get nothing for the replacement. However, if you had the flooring repaired, you would be entitled the full reasonable amount….. As a side note, DO NOT interrupt the other party or the Judge when they are talking. The Judge most likely will give you a chance to respond. Keep us posted. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

Posted by Bob R, CA on Friday, January 11, 2013

Thanks for the advice Bob. This was a brand new house, the tenants in question were the first to live in the home and they were there for 15 months. The costs to replace the floor with the same vinyl would have been $925 but I instead went with a vinyl floor that the company had in stock that was $150 less. Will the judge consider this when placing a value on the original flooring or will he simply use lessor cost to figure depreciated value? Thanks Doug

Posted by douglas h, ID on Saturday, January 12, 2013

Given the age of the flooring, you should be able to recoup most of the expense. Make sure you have an estimate from the flooring co and have them state on the estimate why the floor can not be repaired and it’s their suggestion that is should be replaced. Also, hopefully you took pictures of the damage….As for how will the Judge react to your consideration – he may tell you what a nice guy you are. However, more than likely he’ll follow the law regarding “depreciated value reimbursement.” -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

Posted by Bob R, CA on Saturday, January 12, 2013

Bob Hate to keep coming back but you are a wealth of knowledge. do you know what the depreciable life of a vinyl floor would be, I can't determine by IRS. Also do I have to accept inproper repair job of significant damage to walls. I would think so but starting to doubt what my rights are. Thanks Doug

Posted by douglas h, ID on Saturday, January 19, 2013

No problem Douglas. Happy New Year.....The IRS allows between 5 or 10 yrs. I use 7 yrs. If flooring needs to be replaced before the 7 yrs (in my case) is up, you can deduct the balance that was not depreciated........ Example - tenant cost due to damage if you uses 7 yrs to depreciate -> 7 yrs depreciation – 1.5 yr old carpet = 5.5 yrs remaining life……5.5 yrs remaining life / 7 yrs depreciation = 0.786 % tenant owes ……0.786 % tenant owes x ($xxxxxx) replacement cost = ($xxxxx) tenant owes you for carpet replacement. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2012 taxes

Posted by Bob R, CA on Saturday, January 19, 2013

Thanks again Bob What would my chances be in small claims regarding improper repair job by tenant for batching holes in walls? I also discovered that in Idaho I should held security deposit in a separate account which I did not, will the judge typically ask this when we go to court? Thanks Doug

Posted by douglas h, ID on Sunday, January 20, 2013

Thanks for the added information. It helps when offering suggestions…… If a landlord is going to court, (s)he needs to have all their ducks in a row. The scale tends to tip in favor of the tenant. If landlords don’t follow the law, they could lose your claim and pay a fine. This is why landlords must know their local/state laws. You may just want to let this one go and chalk it up to experience……As a side note, hopefully you have a separate checking account for your rentals. If not, I’d advise doing it ASAP. If you don’t, the IRS will have fun with you if you get audited. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2012 taxes

Posted by Bob R, CA on Sunday, January 20, 2013