Security Deposit Return - Reasonable?

[Maggie Cohle]

Hi, I'm a new landlord renting out my townhouse and I've just provided my first tenants with their accounting of the security deposit.  The tenants are upset because of the amount I've withheld.  Here are the basic facts and I'm interested in everyone's opinion as to whether I am being too heavy handed.  I tried very hard not to be greedy or unfair, and I think what I have done is reasonable and fair, however I'm curious about your opinions.

1) carpets - tenants had 2 dogs and carpets were left extremely dirty and soiled.  Lease stated that a professional carpet cleaning was to be done upon move-out, which tenants did not do.  Cost of this cleaning was withheld from security deposit.

2) housecleaning service - upon tenant move-in, a professional cleaning service was done.  Upon tenant move-out, unit was not left in that same condition.  Dirt and debris on the kitchen floors, smears of food in the fridge/freezer, dirty oven, cobwebs in the corner ceiling, drips of oil down the garage walls.  Cost of this cleaning was withheld from security deposit.

3) Drywall repair/re-painting - tenants installed shelving into 2 bedroom closets, then removed them and attempted to plaster over the holes.  There is visible drywall damage and holes in the drywall, as well as white plaster spots.  One of the bedrooms was painted a different color, which I verbally approved with the tenant and in the same conversation she agreed the room would be re-painted to the original color before she moved out.  Contractor's estimate is $800 for labor to repair and re-paint both closets and the bedroom.

The 3rd item, drywall/painting, is the one the tenant has the heartburn about.  Obviously she's not happy about the first two but she conceded in her email those fees.  I have extensive photos and documentation with the receipts and estimates which I have provided to the tenant.  I got a second estimate for the drywall/painting which was within $100 of the first, so I don't get the feeling this estimate is outrageous as she is claiming.

In hindsight, we should have done a move-in checklist as well as documented the agreement about her re-painting the room.  Lease does state that tenant must get owner's written approval for painting which was not done.

There were other damages that I didn't charge them for - such as a gouge in the wood floor, kitchen walls that they tried to plaster and paint on their own but did a crappy job and used the wrong color paint, etc.  As I said, I had every intention to be fair yet reasonable, and I would like some objective opinions about this.

Thanks for reading!
Maggie

[Account Closed]

Right off the bat a Judge will view cleaning as a landlords job. And the Judge would be right. 

Carpet cleaning:  You would have to prove that the animals did great damage and wear and tear beyond normal wear and tear. (You could have had it written in your lease agreement that you required a $250.00 per pet, non refundable carpet cleaning fee deposit.  Just saying in your lease a tenant must pay a carpet cleaning fee upon move out, usually doesn't hold up in court.  But a non-refundable carpet cleaning fee is acceptable and especially if they have pets, in most states that is.   Everything depends on the JUDGES view of what is normal wear and tear. There is no laws on the books to determine what is normal wear and tear. 

Your second scenario won't stand up in court. It Is  your job as a landlord to clean the property after a tenant moves out. 

Your third scenario:  You will recoup damages for the shelves.  However, if you don't have it in writing that the tenant said they would repaint when they move, it is a "he said, she said" scenario, and a scenario that Judges hate.  You have to have proof whenever you go to court.  No evidence to the fact that the tenant told you that, you're out of gas!

Always take before and after pictures!  Always get everything in writing!  Always protect yourself and think ahead.  Think like a Judge.  They want facts.  They want proof.  If you don't provide them with documented evidence, you lose! 

So, I only see you winning on the shelf damages.  If you have before pictures of the carpet and after pictures of the carpet after the dogs were on it, you will most likely get some type of cleaning fee.  But you have to have proof!

Nancy Neville