Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago on . Most recent reply

User Stats

476
Posts
197
Votes
Kevin Harrison
  • Investor
  • Woodbridge, VA
197
Votes |
476
Posts

Tenant broke lease and left a mess. What recourse do i have?

Kevin Harrison
  • Investor
  • Woodbridge, VA
Posted

So my tenant gave notice of breaking his lease, and was ok with the fact that he was going to lose his security deposit. Once he moved out though I found that while no major damage had been done a lot of small things were messed up.

there is large stain (looking like dog diarrhea that had been dragged across the carpet) in the living room, that I don't think is going to come out with just a cleaning, but we are trying that too.

chipped the granite counter top (no idea how or if its even worth it to fix)

a dog that we didn't not know they had scratched up the back door (sanded and painted) and our hard wood entryway (going to need to be sanded and refinished)

also a myriad of scuffs, holes, stains on many of the walls.

did not clean upon move out which is specified in the lease

I manage from afar and getting there to do it myself is not cost efficient, and I am pretty pissed with my management company and told them so but that a whole other story. What if any recourse do I have to charge them for the costs of fixing things that are definitely above normal wear and tear? they have already forfeited their security deposit, do that get applied to fixing these things? After that is all used up what then? 

I know a lot of people are going to say its just a rental and do the minimum to fix it, but this is a B+ house in an A neighborhood pulling top of the market rents, so I don't want to spend an arm and a leg but it does need to be kept in very good condition.

Thoughts or ideas would be greatly appreciated.

Most Popular Reply

User Stats

22,059
Posts
14,128
Votes
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,128
Votes |
22,059
Posts
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

Yes, you can send them a statement and request payment of the excess charges.  And after they ignore you, you can turn that over to a collection agency to try to collect.

Do be aware of what a judge in the area where the property is will let you deduct.  For instance, judges around here won't allow any deductions for carpet that's more than three years old.  If your lease does not have an explicit lease breaking fee, you may not be able to charge them anything for breaking the lease.  Scuffs on walls and other minor damage may well be "normal wear and tear".  Only bill them for specific, documented charges.  Granite counter tops can be repaired.  Most leases specify "broom clean" which, in reality, is rarely clean enough for a new tenant.  If they're left a mess, get it cleanned and bill them.  If it passes the "broom clean" criteria, pay for the cleaning yourself. 

Tough love here for a fellow landlord.  It is ABSOLUTELY about the money.   Tenants break our properties and that's upsetting.  But the real issue is they're taking money out of your pocket.   And consuming your time and energy to deal with this. The reality is that this is exactly the sort of thing you signed up for when you bought a rental.  This is NOT the last time this will happen.  Every time you do a turnover you're going to be repairing things.  You will never get the place back in the same condition it was when you rented it.  The trick is to buy rentals that make money even after these infrequent, unpredictable but very real expenses.

Loading replies...