Tenant caused damage and is trying to Jedi mind trick me

General Landlording & Rental Properties
4yFollow

Tenant caused damage and is trying to Jedi mind trick me

Anna Flores
Member since 2020 · 4 posts · 6 votes

Hi, I'm a newish landlord and could use some advice.

I have a tenant moving out this month who has generally been a good tenant other than she is moving out a few months early (although our market is super hot so not a problem).  I inherited her from the previous landlord, who did not collect a pet deposit or ask any pet fees for her dog or two cats.

Well, the dog has absolutely wrecked the hell out of a large set of blinds by chewing on them.  They will definitely have to be replaced.

The problem here is that there are several other windows in that room with the same color blinds.  The color is apparently no longer available, so to have them all match again, we will have to replace all of them.

The tenant took it upon herself to order new blinds for just the one window, but they are not the same color, nor do I know whether they will actually fit the window and will need to get them installed.  They won't arrive until about a week after she has moved out.

She has been contacting me multiple times a day now to say that she really expects to get her full deposit back, saying that it's inappropriate to have "custom color" blinds in a rental so this isn't her fault, etc.  She is also trying to switch to a "video walkthrough" to get her deposit back faster.  Of course that is a no-go.

So my questions:

1)  How would you handle the blinds situation?  It does seem a little unreasonable to ask her to pay for the blinds for the entire room, but I'm also not excited to eat that cost or have mismatched blinds due to damage that she caused?

2) Any other words of wisdom on security deposit management/walkthroughs/etc?


Thank you so much in advance!






5Reply
77 views

Most Popular Reply

Rj Lindemann
Real Estate Agent · Newton, IL · Member since 2020 · 19 posts · 22 votes
4y

1. I've not been landlording for too long, but here is my personal opinion. I think it would be unreasonable to expect a tenant to pay for all new blinds when they ony damaged one. It simply is not the fault of the tenant that they no longer manufacture the same color, and I don't think a court would disagree should it get to that level.

Depending on how reliable and easy to work with the tenant has been, I would probably let it go. In my view, security deposits are mostly to protect you from more major repairs, with minor repairs due to turnover needing to simply be budgeted for every month. It probably isn't worth the headache that this could potentially cause. As i said, especially if they have been a good tenant thusfar. 

2. I always do a walkthrough with my new tenants. I take a picture of every room, and I fill out a sheet detailing the condition of each room we enter. I have them look over how I described the condition of each room and take their input on any flaws they see in my evaluation. I may then edit my evaluation accordingly. After that, I have them sign off on the paper and will go through a similar process when they move out.

Goodluck! I hope this helps.

8Reply
See this reply in the discussion

38 Replies

Jump to latestLatest
  • Rj Lindemann
    Real Estate Agent · Newton, IL · Member since 2020 · 19 posts · 22 votes
    4y

    1. I've not been landlording for too long, but here is my personal opinion. I think it would be unreasonable to expect a tenant to pay for all new blinds when they ony damaged one. It simply is not the fault of the tenant that they no longer manufacture the same color, and I don't think a court would disagree should it get to that level.

    Depending on how reliable and easy to work with the tenant has been, I would probably let it go. In my view, security deposits are mostly to protect you from more major repairs, with minor repairs due to turnover needing to simply be budgeted for every month. It probably isn't worth the headache that this could potentially cause. As i said, especially if they have been a good tenant thusfar. 

    2. I always do a walkthrough with my new tenants. I take a picture of every room, and I fill out a sheet detailing the condition of each room we enter. I have them look over how I described the condition of each room and take their input on any flaws they see in my evaluation. I may then edit my evaluation accordingly. After that, I have them sign off on the paper and will go through a similar process when they move out.

    Goodluck! I hope this helps.

    8Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y

    You can only charge for the actual damage. 

    [email protected]301-893-4635Podcast Guest on Show #192
    District Invest Group546 Reviews
    WebsiteView Page
    6Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Anna Flores you can only charge for the actual damage but you can use the blinds of your choice.  I would be inclined to ask her to cancel her order if she can (unless you approved it).  Alternately if you decide to go with the blinds provided by her let her know you will not credit her for this purchase until they are installed and you insure they fit. 

    Meet your state timeline for the security deposit returns, send a written accounting, and only deduct damages. 

    3Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Wait until the new blinds arrive and see what they look like.  You can do a preliminary inspection, but tell her the final one won't be done until after she's moved out and the place is vacant.  Also get copies of any utilities to ensure they are paid in full.  Find out how much time you have to give her an itemized list of what is being deducted from the deposit and when you have to return the remaining money.  If the blinds haven't arrived by the time the deposit needs to be returned, tell her you are keeping the cost of new blinds.

    2Reply
  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    4y

    @Anna Flores

    30 days. No in person or virtual walk-through. Do it at your earliest convenience.

    2Reply
  • Don Gouge
    Specialist · Johnson City, TN · Member since 2021 · 139 posts · 146 votes
    4y

    How much do the blinds cost?

    1Reply
  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    4y

    Agreed with above that you can only charge for the actual damage which is only the one set of blinds. As far as the timing and fitment, your State will dictate when you have to return the deposit by. So I would tell her that it will be mailed to her by XXX date (this date is based upon your State required date) which should give you the time you need to receive the blinds, install them and ensure they fit. Assuming they do then you don't have to charge for the blinds. If not, then you can order another set that will fit and tell her she can have the ones she purchased which were incorrect.

    2Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Depends what the cost is. Not her fault they don't match, but it is her fault her dog damaged the one set. If she's been a decent tenant I would probably eat the cost...

    2Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    4y

    Whether you can charge for all new blinds is debatable. If they are all in the same room, you'll have a much better chance of it being allowed if challenged. After all, them matching is a key component and them not matching would have an adverse affect on your ability to rent the unit. No one here would say that if a tenant damaged a kitchen cabinet that they could replace that one with one that doesn't match the others. Why are blinds any different.

    The question is how old are the blinds. I believe the IRS allows 10 years life expectancy for blinds, which is what many courts will go by when trying to recover for damages. Therefore, if they are 10 years old, they have a value of $0 and you'll likely collect $0. If they are 5 years old, you'll likely get 50% of their replacement cost. 

    7Reply
  • Anna Flores
    OP
    Member since 2020 · 4 posts · 6 votes
    4y
    Originally posted by @Don Gouge:

    How much do the blinds cost?

    For just that window around $200 plus installation.  They are unfortunately completely destroyed.

    1Reply
  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    4y

    If you have a $200 set of blinds in a rental you are setting yourself up for issues.  I don’t think it is fair to have them pay all new for all those but they are responsible for a set.  Assuming it is a standard size window I’d try taking a set out of a room with a single window that matches and then put the new one in the single window room.  As long as they are close enough no one is going to notice from outside.  

    5Reply
  • Royce Talbo
    Investor · Kaneohe, HI · Member since 2012 · 218 posts · 104 votes
    4y

    @Anna Flores its not worth it to fight to replace all the blinds. just eat the cost and let that be a lesson dont put blinds in a rental. they will always get ruined. I just have curtain rods and if the tenant wants to put their own curtains then thats up to them. the more you provide the more they can damage. rentals should be durable, clean, nice and simple. anything extra is just another thing you have to fix and doesnt increase your rental income.

    4Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    4y

    Class B - Cheapy 2" blinds.

    Class C - Cheapy 1" blinds (or if forced by compitition cheapy 2" blinds).

    Class D - Cheap colorful light blocking shower curtains on rods (or cheapy 1" blinds).  

    3Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    No blinds...let them buy their own.....

    3Reply
  • Tanya Duckett
    Member since 2018 · 4 posts · 4 votes
    4y

    You can only charge for the blinds that she destroyed. Were there pictures of how the home looked before she moved in? In DC you have to show proof of out-of-pocket expense for the new blinds before replacing them. I wouldn't use her blinds and technically you don't have to. Don't feel pressured to do a walk-thru until the day of or after her move out. 

    3Reply
  • Natalie Schanne
    Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    4y

    @Anna Flores - I have class B rentals. I keep any existing blinds, as they’re damaged beyond repair, I remove them and install 84” tall spiral end solid 1” thick curtain rods from homegoods ($16 each), on all windows (screwed into a wood stud), especially in bedrooms. Then I add $25 Costco blackout thermal curtains in gray or beige which help the tenant save money. (May not work well if tenant has adventurous cats). You can also convert to the 40-50$ plus install 2” wood look vinyl blinds. At Home Depot they have a machine to custom cut the width to size. If the manufacturer name is clearly available, see if you can call the manufacturer directly for replacement parts that match. We got legacy blind clips directly from the manufacturer Bali on the home I bought in 2009 when they failed on a tenant in 2017. At a minimum I would charge for labor for installation of the blinds (assuming the blinds weren’t 10+ years old). Nowadays getting a handyman out to do any work seems to start at $50.

    3Reply
  • Melissa Kirk
    Realtor · Portage WI · Member since 2020 · 13 posts · 26 votes
    4y

    Blinds are horrible in a rental because they are just not durable. Replace all of them with inexpensive, white 1 in vinyl blinds at your cost and move on. I’m talking the $15 blinds from Walmart. Plan to replace several between each tenant. The other option is to install a curtain rod with neutral drapes that can be laundered if it’s a nice rental. If it’s a C class, I would not include drapes. 

    If you get consumed by such a small item, being a landlord will be very difficult. 

    7Reply
  • Bud Gaffney
    Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes
    4y

    @Anna Flores small claims court!

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Have her cancel her order. Charge her for the cost of a custom replacement blind, even though they aren't available. Use that money to purchase new blinds that are a common color, cheaper quality, and easier to replace. I use 1" metal mini-blinds from Selectblinds.com and even the cordless style are well under $100 for a typical window.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    4Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 728 posts · 596 votes
    4y

    @Anna Flores

    Probably one of the easier issues.

    1. Replace all the blinds with I expensive blinds which are easy to replace. Be happy she was kind enough to order one for you.

    2. You lease should state the terms of returning the deposit. Sure she can be there virtually . My lease states within 30 days, security will be returned with an itemized list. However, if there was no or little damage, I return the deposit within a few days.

    3Reply
  • Michael Noto
    Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    4y

    Do not do the walkthrough of the apartment until the tenant has fully vacated and all their belongings have been removed. It is very hard to accurately assess apartment condition with things in the way. 

    Not sure what the law is in your state but in Connecticut we have 30 days from when the client vacates to return their security deposit minus any deductions assuming they have provided the landlord with a forwarding address. Make sure to check your local laws on this and cite them to the tenant where they benefit you. 

    If you make any deductions make sure to clearly outline what they are item by item and include that in the envelope when you send them back their deposit. I highly recommend against doing the walkthrough with the tenant present. 

    4Reply
  • Craig Janet
    Member since 2019 · 223 posts · 261 votes
    4y

    Consider yourself lucky you are only dealing with one broken blind. It could be a lot worse. Putting expensive custom blinds in a rental is asking for trouble. Charge the tenant a reasonable amount for the damaged blind and replace the room with cheap blinds.  

    2Reply
  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    4y

    If one window covering is your biggest issue at a move-out of an inherited tenant with multiple animals, consider yourself lucky. 

    Don't fight till the death on a $200 hill.  Have curtains on this one window or something.  It's not the end of the world. 

    8Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    4y
    Originally posted by @Anna Flores:
    Originally posted by @Don Gouge:

    How much do the blinds cost?

    For just that window around $200 plus installation.  They are unfortunately completely destroyed.

    In C-class single-family and apartments, for each window, I provide a $4 1-inch set of vinyl white miniblind from Walmart, a $1 white Big Lots curtain rod, and $4 white sheers from a five and ten discount store deep, deep, deep in the hood. My gifted hands and mine alone put them up. And they all match.

    You can't ask the tenant to pay the price for what is a less-than-optimal decorating choice. $200 blinds (plus installation) do not belong in any sort of rental property, of any class. I would charge $50 and put it toward the cost of replacing all the blinds with something much more cost-effective. Consider the rest a lesson cost in interior decorating for tenants. It's a hard lesson, but hopefully it's the last one you'll need.

    6Reply
  • Chris London
    Property Manager · Raleigh/Durham NC · Member since 2015 · 210 posts · 293 votes
    4y

    Clearly, there are enough opinions about blinds already so I will focus on the walk-through and time to return the SD.

    1) Walkthrough in person after the tenant has moved out. Damage can easily be hidden by furniture etc. 

    2) I certainly allow tenants to walk through with me if they request. I let them know when I will be there and it is up to them to meet me. If they do walk through with you take notes and if they ask you 'how's it going,' I just reply that I'll need to compare my notes and pictures to the original notes and pictures on my computer back in my office. I will e-mail them the details.

    3) In my state (NC) I have 30 days to return the SD with an additional 30 days possible. 

    4) Even if I do the walkthrough on day 1 of the vacancy I often wait closer to the end of the 30 days in case: there is an issue w/ unpaid utilities, the new tenant moving in reports damage I may have missed, a vendor doing a repair increases their charge over the initial estimate, etc.

    5) The return of a SD can be a volatile topic if you don't manage it properly. Have a system, stick to it and provide just the facts and limit your opinion.

    Good Luck

    3Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free