SFR Deposit Cover Yard and Lawn Care?

Question

On the  tenants last day she was cleaning out her stuff and I saw some obvious damage to the hard wood floors. I called my favorite flooring guy and he ended up renting the place! Zero vacancy days and now I have a tenant that knows how to take care of a house.... finally.

Now the issue is the deposit ($800).  I can tell she wants it back because she worked really hard to put it back together.  My instinct is to give it back to her in full but there are damages:

(1)  There is a 3'X3' stain on the hardwood floors that cannot be removed by cleaning/sanding.  Needs to be cut out, replaced, and finished.  $375

(2)  The front and back yard lawn is rough shape and nowhere near to the condition she moved in.  Even after communicating the observed neglect she constantly postponed the inevitable. $650-750.

This is not including a lot of little things she did to damage the place and I am not talking about ware and tear. I know the difference.  The estimates are bids from two or more professionals.

This is another learning experience for me and will no longer give the tenants the option to manage the yard themselves.  I get it, I could have prevented this one and won't happen again.

What would you folks do?  Would you give her anything? All? Or none?

Account Closed · Answer

After this experience I will definitely follow your advice.  Now I have a new problem.  She won't give me her new address.  I asked when she gave notice, weeks before move out, the last move out day, and emailed/texted her afterwards.  Going to explore some threads on this issue.

Account Closed · Answer

The lawn/yard care is in the lease so I will deduct some of her deposit but probably not the full amount of the cost to do the work.  She knows she flaked on this and I hope won't push back.  Photo/video evidence is key.  Thanks for the tip.

Nathan Gesner · Answer

If they do not provide a forwarding address, you are not responsible for tracking them down! Send it Certified Mail with Return Receipt using her last known mailing address. You will have proof of when it was mailed and proof of delivery (or attempt to deliver). If it comes back to you, keep it sealed and place it in her file. This will prove you met your obligation in all respects.

Nathan Gesner · Answer

On my phone and it.posted twice. Sorry!

Nathan Gesner · Answer

You can charge for the landscaping. It all depends on your ability to defend the charge, which is why I take a lot of pictures and video. Would I charge for the lawn? According to your description, she was warned more than once and the damage is excessive and noticeable. Yes, I would charge as long as I could document and justify the charge.

The purpose of the security deposit is to protect against extraordinary wear-and-tear. The Tenant can "want it back" until the cows come home but she is ultimately responsible for returning it in the same condition, minus ordinary wear-and-tear.

I suspect you are letting your feelings get in the way instead of running it like a business. She was probably a pretty good Tenant that tried to do the right thing. But is that your standard? Would you hold a single guy to the same standard? Make an objective assessment of the condition and hold her accountable. Send her an itemized list of deductions and include a very short, objective letter that says you inspected, you charged for items beyond ordinary wear-and-tear, and she has XX days (I give them 14) to appeal the decision in writing and provide documentation to support her appeal.

I always document everything with pictures before the tenant moves in and after they move out. I do not do the final inspection with the tenant present! I now document my final inspection on video and store it on YouTube in my private channel. I inspect, then I go back and document with video. If the tenant complains about any charges, I send them a link to their private video with a short note.explaining that I am prepared to defend the charges in court. They have never fought back after seeing my video!

The reason many investors sour on rentals is they allow emotions to get involved. Set fair, legal, objective standards and treat every tenant according to those standards.

Ryan Dossey · Answer

Honestly I don't think you can deduct for "lawn care" that's definitely a losing battle if she decided to call your bluff on it. Unless you have a documented topography survey from before and after.

There are a few things tenants love to beat on... Yards, Appliances, and Doors.

How did the floor stain happen? Over filled a plant? Or???

If it truly is damage above and beyond what is characteristic I would consider deducting the cost (most likely... a portion of it) to fix the floor. However you stated that she worked very hard to "put the place" back together which really is all you can ask for.