How to determine what tenants responsibility is after move

Question

I have a tenant that recently moved out. I had left a cleaning list with the tenant and didn't get a chance to do a walk through before they left.  Need less to say they didn't put a whole lot of effort into cleaning anything. There was writing in the shower wall (played tic tac toe), oven was bad, fridge dirty, pet hair on most of the baseboards and an odor. I hired 2 cleaning ladies to come clean I also had a professional come clean the carpet.  So a couple days pass and the tenant is asking for the deposit back.  I let her know that I had to hire someone to clean and that they didn't clean anything. She felt that as an owners that we're going to clean it anyways for new tenant. I also mentioned the odor and hiring a pro to clean carpet plus all the pet hair.  She said pet deposit would cover that, which it does but the odor has never left. I called a company that specializes in moisture/odor removal and after inspecting recommended I have carpet pulled and replaced.  I have pulled the carpet and will be going back with laminate.  So my question is how do you determine how much of that replacement cost is on the tenant? Do I also break down cost of cleaning like the oven, the wall writing, the fridge, plus the rest of the unit or do I just wrap that all into one charge? BTW this is my first tenant to move out and was hoping it would go a lot smoother. I am in East Texas if that helps.

Nathan Gesner · Answer

You should really learn the law and understand what can be charged and why it should be charged. The expectations should be clear, the cleaning/repairs should be heavily documented, and the Tenant should be so overwhelmed with evidence that they don't waste a breath on arguing.

Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

Andrew Syrios · Answer

I would document everything and basically depreciate items like the carpet based on how long they lived there. If you have good documentation (pictures, quotes, a line item expense sheet for deductions to their deposit) you should be fine as long as you're being fair. (But check your local laws and talk to an attorney to set up your systems, of course.)

And yeah, it's definitely the tenant's responsibility to clean up before they leave.

Dwayne Poster · Answer

Knowing the applicable tenant regulations is a must. In my area, not adhering to the inspection requirements relinquishes any claim you might have.

Lalo Alvidrez · Answer

Do you all keep your ex tenant informed as to what your doing to get rid of the odor? I just purchased a air purifying machine and plan on leaving it running for a few days. Next step is either have ac ducts cleaned or hire someone with ozone machine.

Lalo Alvidrez · Answer

Well I just came from duplex and it still has an odor, not as pungent but still present. I think it's in the ac duct work.  Thank you Melanie, I just might reach out to you. Theresa thank you for the response and advice. Trying to figure out when carpet was installed. I have the list of common deposit deductions from the "Managing Property Rentals" book. Is that fair estimate on cleaning?

Melanie Thomas · Answer

@Lalo Alvidrez Congrats on your first turn! These will get easier and easier with time.  Its important to thoroughly document the condition of the home (smell test included) with a move in inspection. Its equally as important to do the same when the tenant vacates with a move out inspection. This way you have concrete evidence of what you intend to charge, is in fact above normal wear and tear. This allows you to prove the need to potentially repaint with Kilz to reduce the smell and/or rent ozone machines to help clear out the smell. Regarding the cleaning, I would never break that down. It only makes for arguing points with the outgoing tenant. Cleaning is cleaning and leave it at that. Regarding the flooring, your best bet is to determine the age of the material and the lifespan. Figure out a proration based on life lost and how long the tenant lived in the dwelling. There are many guides online that detail lifespan of building materials, appliances etc. I run a PM company out of San Antonio, feel free to reach out if you have any questions. Good luck!

Lalo Alvidrez · Answer

Another question to add, I'm kinda handy so I tend to do a lot of the work myself or is it better to just hire someone to do the work?  This is in reference to the situation with current tenant.

Theresa Harris · Answer

No. It is the tenant's job to leave it in the same condition (or better) than when they moved in. Deduct the cleaning costs (list some of the specifics, but say cleaning such as A, B and C) and any costs for damages that were above normal wear and tear and return the balance of the deposit.  You gave them a move out list, if she had questions she should have asked.

for the carpet and laminate, look up the lifespan and how old it was. So if the lifespan of carpet is 8 years (making up a number) and it was 3 years old, she pays 5/8 of the replacement cost as it still had 5 years left.  You need to replace it with similar grade of carpet...or charge her for replacement of the same.

How to determine what tenants responsibility is after move

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