Can I deduct from Security Deposit?

[Bruce L.]

Hi guys,

So my tenant just moved out of the place and wanted to get your feedback as far as what you all think is reasonable to deduct.

Above are the pictures of damages caused by the tenant.

Before Move-In

During

Move Out

Below are the rest of the damages.

- Bedroom blind missing rod.
- Neighbor shares a common block wall, where neighbor had new gate installed, in the process of installing their gate, it damaged my gate.  I told him to resolve it with the neighbor, but he went ahead and just put some epoxy to try to fix it.

Now, for possibly the biggest expense of all....SMOKE ODOR!

My lease clearly states no smoking, they say they smoke outside, but you can definitely smell it in the master bedroom.  I would say it's a medium strength, I must of showed the house to 10 families and four of them complained about the smell.  

In case they tenant tries to sue me, I got two written quotes from odor restore companies that also states the odor at the house.  The carpets in the whole house I would give a grade D.  I maybe able to get someone if I just steam the carpets.

Here's the list of items I'm thinking about doing to remove the odor.

1) Shampoo Carpets
2) Clean Walls
3) Air Ducts Clean

If that does not work, can I charge him for new carpets & new paint in the master bedroom? 

What would you guys do? I want to be fair and I want to be prepared in case he tries to take me to court.

Thanks.

[Wayne Brooks]

Yes, absolutely the landlord would be responsible for random vandalism. 

Your neighbor is responsible for damage he caused, not your tenant. 

If a driver has a heart attack, and drives into your house, your tenant is responsible?

If tree roots invade your sewer pipes, your tenant is responsible?

Are they supposed to repaint the exterior every 5 years?

Tenants aren't responsible to "maintain" or repair the property, for damages not caused by them.