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Updated about 2 years ago on . Most recent reply

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Returning deposits: Are invoices needed?

Marek Kucharski
Posted

Hello Everyone, 

My tenants have recently moved out, leaving the house in less than ideal condition. The condition of some walls went beyond normal wear and tear and the house in general was left quite dirty. I decided to clean the house myself (1 full day, house + windows) and the painting and garden cleanup took another 2 days.  Can I deduct my labor from their deposit or should I have hired people to do all this so that I had receipts as proof.  I have photographic documentation of what needed to be done, but I did the work myself. Can I provide my tenants with an itemized list of deductions (fair value) or do I need actual invoices from gardeners, cleaners etc.? 

Thank you for your help. 

Marek

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,092
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Marek Kucharski:

Matt is correct that most States will not allow you to charge for your own labor, but that only comes into play if you end up in court. As long as you are honest and fair about the charges, the Tenant won't take you to court. Even if you did end up in court and the judge threw out charges for labor, you could still be reimbursed for materials or anything that was hired out to a professional.

Texas law requires you to provide "a written description of damages and charges" but it does not require you to provide copies of invoices. You can read the law yourself here: https://guides.sll.texas.gov/l...

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.

  • Nathan Gesner
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The DIY Landlord Book
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