Tenant wants deposit back the day of move out .

Tenant wants deposit back the day of move out .

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

Decent tenant of 4 years  moved out , only gave 2 weeks notice . I schedule a move out inspection the day he is leaving . They call for a east coast snow storm so he calls me and tells me he is leaving 2 days early and wants me to meet him . I tell him I am out of town and will be there on the scheduled day . He is upset , wanted money before he left , I told him I have 45 days  he leaves . Fast forward a week , I email him pictures of the damage , 2 bedroom doors , a broken kitchen drawer , drywall repair , big time inside  cleaning , leaves were not raked up and crap in the yard , 1 broken window and 5 torn screens  and black film on all walls .

I tell him I have a contractors starting next week to fix everything . He gets loud and says "YOU are a CONTRACTOR , you can fix it it will be cheaper . I had to break it to him that since I cant charge for my labor , and  I am busy on paying jobs , I am hiring subs to do the work . " You cant charge for painting you have to repaint between tenants "   I replied to him that he did a crappy job painting an accent wall in each room without permission , and smoking pot in the house left a  dark film , so yes I will charge to repaint . I also told him I am NOT charging for the carpet damage ( it looked good at move in but was old ) . He said there was snow on the ground and couldnt do the leaves ( No snow in December and it was warn )   I told him to read the lease , it is all spelled out . And he will get a list of all charges against his deposit and will either get a check or a bill for the balance .  He isnt too happy .

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Don KonipolBusiness Member
Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
4y

@Matthew Paul

Not uncommon tenant attitude at all. I’ve had GREAT tenants,and those not so great to terrible. But the most common tenant misconceptions have to do with not understanding that a lease is a contract.

They are SHOCKED to learn (1) they are responsible, financially, for the FULL term of the lease even if they have a "good reason" to want to move out early (job transfer, moving in with girlfriend, don't like the downstairs neighbor), unless the lease or local rental law says otherwise (2) "damage" includes painting the walls purple and the cost is putting the walls professionally back to off white (3) they have to follow any rules laid out by the lease, the HOA, and the governmental authorities (4) rent due on the "1st" is actually LATE and subject to penalty and or eviction if not paid by the 1st (5) the bs that worked on their parents in their pre adult life ( the dog ate my homework, I was sick so I didn't do well on the exam, nobody told me class started at 8) doesn't work in the real world.

Private Mortgage Financing Partners, LLC
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  • Vacaville, CA · Member since 2019 · 218 posts · 140 votes
    4y

    @Matthew Paul

    Don’t sweat it. You are correct in what you are doing. Just know that and keep on with what you’re doing. If you stay in this business it won’t be the last time someone is mad at you, lol.

  • Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    4y

    The tenant call yell all he wants - as long as you have the photo and/or video evidence of move-in and move-out condition there's not much he can do. 

    When a tenant loses any security deposit money I send him/her the damage photos as well as the post-repair photos along with the cost of repair. 

    PS. Send the former tenant some of the leaves from the yard and tell him to go smoke them and chill out.

  • Morris County, NJ · Member since 2020 · 5k+ posts · 2k+ votes
    4y

    @Matthew Paul

    well, that is a "not so decent" tenant now..  It looks like you are doing everything.  The cheap tenants are always looking at ways to make YOU do something cheaper.  Unless something is different in Maryland law, I love how they think you "have to' repaint between tenants.  This sounds like a very entitled former tenant.  Just get it fixed up, settled up, and forget about him.

  • Member since 2021 · 240 posts · 300 votes
    4y

    My first tenants were nice and the place seemed clean during my visits. Gave them deposit back 2 days before they moved out. Mistake! Had to do flea treatments for carpets, nasty air filters they didn't replace, the new ones were still in the laundry room. Dog smell was awful. Lesson learned. 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    4y

    yay.....  tenant fun :) the only thing I will point out is that technically you should only charge tenant for the un-depreciated portion of the damage../...  so if they say broke the stove and the stove is a 15 year item and it is 10 years old you should only charge the 1/3 of the cost of replacement.  For the accent walls you should be able to charge full amount but the other walls? Not so sure - you might check into it. 

  • Real Estate Agent · Addison, IL · Member since 2015 · 185 posts · 88 votes
    4y

    @Matthew Paul I wouldn’t overthink this. You’re following the lease and they’re clearly trying to get everything back even though they suddenly decided to leave.

    Follow your systems and return the deposit as you would any other tenant after repairs

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

    He doesn't have to be happy, you just need to be fair and have proof of damage which you are and do.  You handled things exactly as you should have and if he only gave you 15 days' notice and your lease states 30 days', he's luck you didn't charge him rent for that time.

  • Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    4y

    Way to go @Matthew Paul .  You are handling this 100% correctly.  Nice work.  

  • Real Estate Agent · Owatonna, MN · Member since 2017 · 221 posts · 152 votes
    4y

    @Matthew Paul you are correct. Although I personally wouldn't have communicated back and forth, I would just sent an itemized deduction with the check

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    UPDATE , found out what the black film was . The tenant was using a kerosene heater , but running diesel fuel thru it . I found the kerosene heater under the basement steps .  What a dumbass 

  • Vacaville, CA · Member since 2019 · 218 posts · 140 votes
    4y

    @Matthew Paul

    Wow

  • Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
    4y

    You are lucky he didn't burn the house down with the heater.  I bet he damaged the smoke/CO2 detectors as well.  Maybe want to check that.  

    In addition to all the damage, you probably want to note the early departure.  I don't know CA law or what your lease says, but 30 days notice is generally required.  You could probably add some charges on for that, but I wouldn't.  

    The good thing is that he isn't denying the damage and snow happened way after the leaves were done falling.  It sounds like you are being fair.  Contractor or not, I would say it is best to have a third party itemize the repairs they made, in case it is challenged, the tenant can't say that you made it up.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    @Joe Martella Every smoke detector was removed and sitting in a closet . They are no good 

  • Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
    4y

    I would charge them for the replacement as well

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    4y

    @Matthew Paul

    Not uncommon tenant attitude at all. I’ve had GREAT tenants,and those not so great to terrible. But the most common tenant misconceptions have to do with not understanding that a lease is a contract.

    They are SHOCKED to learn (1) they are responsible, financially, for the FULL term of the lease even if they have a "good reason" to want to move out early (job transfer, moving in with girlfriend, don't like the downstairs neighbor), unless the lease or local rental law says otherwise (2) "damage" includes painting the walls purple and the cost is putting the walls professionally back to off white (3) they have to follow any rules laid out by the lease, the HOA, and the governmental authorities (4) rent due on the "1st" is actually LATE and subject to penalty and or eviction if not paid by the 1st (5) the bs that worked on their parents in their pre adult life ( the dog ate my homework, I was sick so I didn't do well on the exam, nobody told me class started at 8) doesn't work in the real world.

    Private Mortgage Financing Partners, LLC
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